1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. The Plaintiff is a person who leases construction machinery under the trade name E.

Defendant B is the representative member and general partner of Nonparty B’s limited partnershipF (hereinafter “non-party company”), and Defendant C is the limited partner of the non-party company.

B. The non-party company requested the Plaintiff to transport aggregate, and the Plaintiff transported aggregate from April 2017 to June 30, 2017, and the total amount of the unpaid aggregate transport cost amounted to KRW 63,500,000.

C. On August 24, 2017, the non-party company agreed to pay the aggregate transport cost of KRW 76.2 million by September 30, 2017 (Provided, That the agreement was reached between the non-party company and the non-party company to pay the aggregate transport cost of KRW 63.5 million by September 30, 2017, and Defendant D guaranteed the non-party company’s obligation to pay the aggregate transport cost to the plaintiff.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. On the ground that the non-party company did not pay aggregate transport expenses according to the agreement, the Plaintiff sought payment of aggregate transport expenses from Defendant B, who is the general partner of the non-party company, and Defendant C, who is the joint and several surety.

As to this, the defendants asserted that the non-party G has exempted the plaintiff from the obligation to pay the aggregate transport cost of this case against the non-party company, and that the plaintiff consented to the above exemption acceptance.

For this reason, when considering the evidence Nos. 2 and 3, G, like the defendants' assertion, has exempted the non-party company from the obligation to pay aggregate transport expenses to the plaintiff of the non-party company, and the plaintiff is recognized as having given the above exemption acceptance, the certificate No. 3 states that the plaintiff does not take legal measures against the non-party company's obligation to pay aggregate transport expenses.

According to the above contents, the plaintiff exempted the non-party company from the liability for aggregate transport expenses, or G exempted from the liability for aggregate transport expenses of the non-party company.