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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. Basic facts (applicable for recognition: The fact that there is no dispute and each entry in Gap evidence 1 through 3);
A. The Plaintiff is a company supplying cement at the construction site, and the Defendants are companies engaging in construction business.
B. The Defendants constitute a joint supply and demand organization (hereinafter “instant joint supply and demand organization”) with Dongbu Construction Co., Ltd. (hereinafter “Dongbu Construction”), Sungsung Co., Ltd., Ltd. (hereinafter “instant joint supply and demand organization”) and “the construction work of the building site No. 2 of the building site No. 2 of the Korea Rail Network Authority, which was ordered by the Korea Rail Network Authority on December 6, 2012.”
The first contracting party was awarded, and the construction of the same department was the representative and the manager of the joint contracting party.
C. The Plaintiff received orders from the construction site of this case and supplied the instant cement, and the payment between the building site and the building site was determined to be made by the end of the month following the month in which the delivery is completed.
The Plaintiff was not paid KRW 25,193,520 in total of cement supply proceeds for November 2014 and December 2014, among cement proceeds supplied at the instant construction site.
The plaintiff reported the total amount of KRW 484,817,786, which was not supplied after being ordered cement for each construction site from the East Construction to the East Construction, as rehabilitation claim in the rehabilitation procedure commenced in relation to the East Construction. The East Construction Manager applied the total amount of KRW 245,974,610, among them, the total amount of KRW 245,974,610, and some of the cash and stocks were repaid in the above rehabilitation procedure, and the amount of KRW 9,427,94 still remains.
2. Determination on the cause of the claim
A. The parties asserted (1) As the representative of a joint contractor, the Plaintiff entered into a cement supply contract with the Plaintiff as the manager, and used cement supplied at the construction site of this case.
Joint supply companies basically have the nature of a partnership under the Civil Act, and the construction of the same shall enter into cement supply contracts with the plaintiff.