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1. All of the plaintiff's claims are dismissed.
2. Litigation costs shall be borne by the plaintiff.
Reasons
1. The following facts may be found either in dispute between the Parties or in full view of the entries in Gap evidence 1 to 7 (including paper numbers), the witness E’s testimony and the entire purport of the pleadings.
Defendant D entered into a coffee franchise agreement with Defendant B through the introduction of Defendant C, which is a private village, and delegated Defendant C to Defendant C the same as a person who operates a coffee store on the first floor of the building located in Jung-gu, Busan.
B. Defendant C again entrusted H with the instant construction work, and H again requested the Plaintiff to perform the instant construction work. On December 3, 2014, the Plaintiff sent written estimates calculated by KRW 119,100,000 as the price of the instant construction work (excluding value-added tax) to H, and the instant construction work was performed from around December 10, 2014 to January 4, 2015 without preparing the construction contract.
C. H paid KRW 20,00,000 as the price of the instant construction to the Plaintiff with the money received from Defendant C via Defendant C, as the price for the instant construction, and KRW 30,000,000 on December 13, 2014; and KRW 20,000,000 on December 27, 207 of the same year; and KRW 70,000,000 on December 27, 200.
2. The assertion and judgment
A. Defendant B’s claim 1) The Plaintiff, as a contractor, ordered the instant construction to the Plaintiff jointly with H, Defendant C, and D. Thus, the Plaintiff asserted that: (a) the Plaintiff, jointly and severally with the above H, should pay 61,010,000 won of the instant construction payment (i.e., value-added 11,910,000 won of the instant construction payment (i.e., value-added 11,910,000 won of the instant construction payment); and (b) the damages for delay calculated at the rate of 15% per annum from the date following the date of final delivery of the copy of the instant complaint to the date of complete payment.
In full view of the above basic facts, witness E’s testimony and the overall purport of pleading, the final obligor for the construction work of this case is Defendant D's franchise head office which operates coffee points at the construction site.