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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 assertion and judgment
A. The Plaintiff’s assertion was entrusted by the Defendants with the steel framed Corporation (hereinafter “instant construction”) from among the C facilities construction in Yongcheon-si B, and entered into a contract with the Defendant Korea Construction Co., Ltd. (hereinafter “Defendant Company”) on October 19, 2012 to complete the said construction at KRW 44 million, and completed the said contract under the said contract.
Therefore, the defendants are jointly and severally liable to pay the above construction cost and damages for delay to the plaintiff.
B. Determination 1) On October 19, 2012, the Plaintiff entered into a contract with the Defendant A and the Defendant Company, a director at the site of the instant construction site, for the determination of the claim against the Defendant Company (hereinafter “instant contract”).
The facts that the construction of this case was conducted in consultation with Defendant A are not disputed between the parties, or are recognized according to the statement of evidence A 2, witness D's testimony.
However, around September 18, 2012, Defendant Company entered into a contract for reinforced concrete construction works and soil construction works in the instant construction site, including Gwon Construction Co., Ltd. and the instant construction works. The construction cost under the said contract was fully paid to the Plaintiff; the Gwon Construction Co., Ltd. was entrusted to the Plaintiff with the instant construction part; Defendant A still thought that the instant contract was entered into with the Gwon Construction Co., Ltd. on or around October 19, 2012; and Defendant A still thought that the instant contract was entered into with the Plaintiff on or around October 19, 2012; thereafter, Defendant A, knowing that the instant construction was already entered into with the Gwon Construction Co., Ltd. and the said contract was already concluded with the Gwon Construction Co., Ltd., Ltd., and Defendant A issued a tax invoice to the Plaintiff and the construction cost was also paid.