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1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. Basic facts
A. On October 11, 2016, the E Regional Housing Association contracted a new apartment construction to the Defendant.
B. On September 10, 2017, the Defendant concluded a subcontract with F Co., Ltd. (hereinafter “F”) for the construction of reinforced concrete (hereinafter “instant construction”) during the construction period of KRW 5,750,00,000, and the construction period from September 20, 2017 to March 31, 2019, respectively.
C. F reported the closure of business on January 23, 2019 and subsequently suspended the instant construction work around that time.
From December 11, 2017 to January 10, 2019, the Defendant directly paid the instant construction cost of KRW 4,857,266,673 to F.
E. According to the direct payment agreement with the Defendant, F and F as to the instant construction project, the Defendant directly paid KRW 34,00,000 to the sewage supplier on September 14, 2018, and KRW 17,372,850 on September 28, 2018, and KRW 276,627,150 on October 1, 2018.
F. In addition, the Defendant additionally paid KRW 40,248,910 in total, including KRW 15,00,000 on February 18, 2019, and KRW 15,00,00,000 on March 2, 2019, and KRW 10,248,910 on June 10, 2019, pursuant to a three-party direct payment agreement with the Defendant, F, and Sewage Supplier G (Y) as to the instant construction project.
G. In addition, the Defendant additionally paid KRW 119,245,544, including the sum of KRW 50,000,000 on August 13, 2019, and KRW 35,000,000 on September 11, 2019, and KRW 34,245,544 on October 16, 2019, pursuant to a three-party direct payment agreement with F and Sewage Supplier I Co., Ltd. (hereinafter “I”) for the instant construction project.
H. Plaintiff A is a person who engages in wholesale and retail business of construction materials with the trade name of “J”, Plaintiff B is a person who engages in wholesale and retail business of sti pumps under the trade name of “K”, and Plaintiff C Co., Ltd (hereinafter “Plaintiff C”) is a corporation with the purpose of wholesale and retail business of the waterproof Protection Center.
I. Meanwhile, the relevant provisions of the Fair Transactions in Subcontracting Act (hereinafter “subcontract”) and the Framework Act on the Construction Industry are as shown in the attached Form.
【Legal basis for recognition】