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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's assertion and judgment
A. The Plaintiff’s assertion entered into a contract with D for the Newly-built Construction Work, and Defendant C entered into a subcontract with D for the 1,0560,000 won of the cost of construction (including surtax) to the Urban Gas Pipelines Corporation (hereinafter “instant construction”) during the said newly-built construction work, and Defendant B Co., Ltd (hereinafter “Defendant Company”) lent the name of Defendant C to Defendant C.
Upon completion of the instant construction project on or around December 2016, the Plaintiff paid KRW 16 million to the Defendant Company in accordance with D’s instructions. However, the Defendants failed to apply to the Plaintiff for a “pre-supply safety inspection” to F Co., Ltd. which is an urban gas supplier, and supplied urban gas to new buildings without applying for a “pre-supply safety inspection,” while seeking the payment of the construction cost of KRW 2,200,000 to the Plaintiff. The Plaintiff was performing construction works through other companies, and the Plaintiff was able to actually use the newly built buildings by supplying urban gas on or around September 29,
Defendant C acquired 5,440,00 won (16 million won - 10,560,000 won - 1,0560 won) from among the construction price for the instant construction project. The Defendants’ blocking gas supply due to the foregoing omission by the Defendants and filed for compensation for delay with the Plaintiff for a total of KRW 1,00,00,000,00 from January 1, 2017 to September 29, 2017, which occurred to the Plaintiff from 80,482,191 of the rent for the said newly constructed building; KRW 36,115,826 of the interest on bank loans; KRW 1,96,666 of the interest on personal obligations to G; KRW 320,000 of the replacement cost for measuring measuring instruments by Defendant C; and KRW 3,146,000,000,000 from the costs of gas construction by other companies.
Furthermore, the defendant company is jointly and severally liable as a person who lends his name to the defendant C and takes part in the illegal act of the defendant C as well as the joint and several liability.
B. The Defendants did not perform their obligations or tort alleged by the Plaintiff, and accordingly, did so.