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1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The Plaintiff asserted that: (a) between November 201, 2013 and January 201, 2014, the Plaintiff: (b) contracted to the Defendant Company B (hereinafter “Defendant B”) and the Defendant C (hereinafter “Defendant C”); and (c) completed the construction of the interior works at the site of the construction work atHayangyangyang-si and KRW 241,70,000; and (d) completed the construction work at the site of electric pressure and air conditioners at KRW 10,000; and (e) around October 2014, the Plaintiff contracted to the Defendant D (hereinafter “Defendant D”); and (e) completed the construction of the interior works at the site of E business at KRW 56,060,000.
Defendant B and C have only partially repaid or subrogated the construction amount, but have not paid KRW 47,726,202 up to now, and Defendant D has only partially repaid the construction amount and has not paid KRW 25,060,000 up to now.
Therefore, Defendant B and C are jointly and severally liable to pay to the Plaintiff KRW 47,726,202, Defendant D’s KRW 25,060,000, and delay damages therefor.
2. Determination:
A. The Plaintiff cited a written estimate of No. 1-2, 1-2, on the ground that the Plaintiff entered into a construction contract with the Defendants as above.
However, the defendants asserted that each of the above estimates was prepared voluntarily by the plaintiff in this lawsuit, not agreed in advance between the plaintiff and the defendants, and that since the trust relationship between the plaintiff and the defendants was deep, they concluded a contract for a construction work and settled all of them at any time.
In light of the above allegations by the Defendants, it is insufficient to recognize the amount stated in a written estimate solely based on the descriptions of subparagraphs 1 and 2 of the evidence No. 1-2 as the agreed amount between the Plaintiff and the Defendants for the construction cost, and there is no other evidence to acknowledge each construction cost claimed by the Plaintiff.
B. On December 11, 2013, the Plaintiff again prepares a promissory note No. 175,000,000 won in face value to the Plaintiff.