1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by each person;

Basic Facts

B On December 15, 2011, the construction of the multi-family house D located in Dong Young-si (hereinafter “instant construction”) was awarded a contract with C for KRW 1.53 billion (excluding value-added tax).

On December 19, 2011, the Defendant was awarded a subcontract (hereinafter referred to as “instant subcontract”) with the construction cost of KRW 790,000,000 (excluding value-added tax).

Although the defendant asserts that he was awarded the subcontract of this case on December 15, 2011, the defendant did not have any grounds and is inconsistent with the facts recognized in the relevant decisions.

On December 19, 2011, the Plaintiff entered into a supply contract with B (hereinafter “instant contract”) and supplied ready-mixed on credit at the construction site of the instant case.

The Plaintiff supplied ready-mixed equivalent to KRW 79,096,00 by June 16, 2012, and received KRW 30 million, in total, from B, KRW 15,000 on June 15, 2012, KRW 10,000 on December 31, 2012, KRW 10,000 on February 6, 2013, and KRW 60 million on February 6, 2013.

The Plaintiff filed a claim against B for the payment of ready-mixed with the content of the instant case as the Changwon District Court Heading 2014Kadan127500.

The above court determined that B is not a party to the instant contract, and sentenced the dismissal judgment (hereinafter “previous judgment”), and the above judgment became final and conclusive as it is by dismissal of appeal.

In the judgment of the Suwon District Court 2013Gahap10737 case (hereinafter “relevant case”), which claimed the Defendant against B, C, etc. for the instant construction cost, recognized that the Defendant incurred additional expenses for the structural construction while performing the instant construction work, and explained the said fact to B and C, and the said parties were to bear all the costs for the structural construction incurred more than the initial estimate in relation to the instant construction work on April 3, 2012 following consultation. The costs for the structural construction incurred more than the initial estimate are to be borne by C and the other construction cost is to be borne by B (hereinafter “instant agreement”).

The above ruling is part of the appellate court.