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The judgment of the first instance shall be modified as follows:
A. The plaintiff's claim is dismissed.
B. The defendant is the plaintiff.
Reasons
1. Basic facts
A. C Co., Ltd. (hereinafter “C”) is a company established on July 23, 2014 for the purpose of the hotel business. Since its establishment, D, E (D's son C), F are directors of each company, and G are registered as auditors (D is registered between the establishment of C and October 2, 2018; E is concurrently registered as each representative director from October 2, 2018 to the date of its establishment). (b) The Defendant is a company established on September 19, 2014 for the purpose of the construction business, etc., and from December 15, 2014 to December 15, 2014, E is a director of the Defendant representative director and internal director of each company, Defendant A is a director of each company, and Defendant G are registered as Defendant auditor, respectively.
(c)
C Around December 15, 2014, the Defendant contracted to the Defendant for a new construction of an I hotel (hereinafter “instant hotel”) on the ground outside H and 3 parcels of land (hereinafter “instant hotel”). Around December 15, 2014, the Defendant commenced the instant entire construction work.
(d)
The hotel of this case consists of main Dong-dong (J Dong or K Dong, hereinafter referred to as the "Dong-dong") and Dong-dong (L Dong or M Dong; hereinafter referred to as the "non-Dong-dong"). Among them, the main Dong-dong is the total floor area of 4,657.83 square meters from the first floor to the fourth floor above the ground; the total floor area of 1,645.48 square meters in total from the fourth floor above the ground to the fourth floor above the ground; the total floor area of the main Dong-dong and Dong-dong and Dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-Dong-dong-dong-dong-dong-dong-dong-dong-dong-
E. On February 2015, the Defendant awarded a subcontract to N in 450,000 won per square, of the instant aggregate construction works, including steel bars, concrete, and molds (hereinafter “the instant aggregate construction”). At around the time of completion of the instant aggregate construction works, N agreed that the construction team of the part of the instant aggregate construction project between N in N would increase the construction unit of the instant aggregate to KRW 580,000 per square.
F. Until the N’s completion of this part of the structural frame of the instant structural construction, the Plaintiff was a person in charge of the wood and field warden of the instant structural construction.
G. N. From February 2016, N completed a separate underground floor slabl theory.