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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. On May 18, 201, Defendant B contracted Defendant C with the construction cost of KRW 145,600,000 for the construction work of the Gangseo-gu Busan (hereinafter “instant construction work”) and the construction period from May 19, 201 to November 30, 201 for the construction work period. Defendant C subcontracted the instant construction work to the Plaintiff as KRW 120,000,000 for the construction cost among the August 201, 201.
(hereinafter “instant contract”). [The grounds for recognition] without dispute, entry of Gap evidence No. 2, and the purport of the entire pleadings
2. The Plaintiff’s assertion that the Plaintiff completed the floor construction on September 201 in accordance with the instant contract, and received KRW 30,00,000,00 for the first time around October 201, the Plaintiff additionally incurred KRW 44,837,687 while performing the first construction. Of them, Defendant B completed the instant construction by using the materials supplied by the Plaintiff, and Defendant C subcontracted the instant construction to the Plaintiff. As such, Defendant B is obligated to pay the Plaintiff the labor cost of KRW 26,60,000, and the labor cost of KRW 18,200,000 invested by the Plaintiff, and each delay damages therefrom.
3. In a case where the judgment contractor has to settle the construction cost on the basis of the period of construction contract with the rescission of the construction contract without completing the construction work, such construction cost shall be calculated by applying the agreed construction cost to the agreed construction cost, barring any special circumstance (see, e.g., Supreme Court Decision 94Da29300, Jun. 9, 1995) and the ratio of the period and the amount calculated on the basis of the construction cost actually required or to be required for the non-construction portion (see, e.g., Supreme Court Decision 94Da29300, Jun. 9, 1995). There is no evidence verifying the period of the primary construction work claimed by the Plaintiff, and it is insufficient to recognize
Furthermore, the claim asserted by the plaintiff is extinguished by prescription if it is not exercised within three years (the defendant also raises an objection to the extinction of prescription), and the plaintiff first.