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1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. Basic facts
A. On March 18, 2015, the Defendant contracted for the following construction works between the Defendant and the instant foundation by the Suwon Foundation for Social Welfare Foundation (hereinafter “instant Foundation”).
(hereinafter referred to as the “instant contract”). The construction name: The construction period of the E-new project (construction): March 16, 2015 to September 11, 2015: 721,072,360 won.
B. On May 1, 2015, the Defendant, between the Defendant and F Co., Ltd., subcontracted on May 1, 2015 to F Co., Ltd. (hereinafter “F”) the part of the said construction “refusive concrete construction work” with the following contents:
(hereinafter) The said reinforced concrete construction part is referred to as the “instant construction,” and the said contract is referred to as the “instant subcontract”). The subcontractor’s name: The period of construction of reinforced concrete among the new construction projects (construction): The contract amount of construction of reinforced concrete from May 4, 2015 to August 31, 2015: 79,570,000 won (including surtax).
C. On May 21, 2015, F issued a tax invoice of KRW 33,101,120 for the instant construction project against the Defendant on May 21, 2015. (2) The Defendant wired KRW 33,101,120 to the Nonghyup Bank account in the name of F (G) on May 22, 2015.
On July 30, 2015, the Defendant drafted a construction contract agreement between the Defendant and F with F as follows:
(hereinafter referred to as the “instant agreement.” The construction agreement provides that “B” cannot continue to perform the construction due to the circumstances referred to in “B” (F) with respect to the said contract (the instant subcontract agreement) and, in the waiver and settlement of the remaining construction after July 30, 2015, the following are agreed:
I - Not later than July 30, 2015 at the time of the suspension of construction - The following amounts shall be settled, and "B" shall not thereafter raise any civil or criminal objection.
“A” (Defendant) of the original contract amount of KRW 79,570,000,000,000,000,000 shall be the deposit.