Text
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
A. Defendant B is the owner of the Dong-gu Gwangjudong-gu D Apartment No. 101, 905 (hereinafter “instant 1 apartment”), and Defendant C is the owner of the Gwangju Mine-gu E apartment No. 101, 1505 (hereinafter “instant 2 apartment”).
B. On September 30, 2012, F, the wife of Defendant B, entered into a contract for remodeling construction for the instant apartment 1 (hereinafter “instant contract”) with the G Company G (hereinafter “G Company”) with the content that the contract amount of KRW 3,000,000 and the completed portion amount would be offset against the amount of credit against F Company G Company.
C. On November 19, 2012, the Plaintiff commenced remodeling Construction Works for the instant First Apartment (hereinafter “instant First Apartment”) and completed the instant Construction Work on November 26, 2012. The construction cost of the instant First Apartment is KRW 26,500,000.
On February 18, 2013, the Plaintiff started remodeling Works for the instant Second Apartment (hereinafter “instant Second Apartment”) and completed the instant Second Apartment on March 9, 2013, and the construction cost of the instant Second Apartment was KRW 74,820,000.
E. Meanwhile, the Plaintiff filed a criminal complaint with H on the grounds of suspicion that H, an actual operator of the G company, had deceiving the Plaintiff to pay the price for the First and Second Construction Works in the instant case to the Plaintiff as sold after the completion of the I apartment house. However, the Prosecutor’s Office rendered a non-prosecution disposition (Evidence of Evidence) on December 19, 2014.
[Reasons for Recognition] Uncontentious Facts, Gap evidence 1 through 6, Eul evidence 1 and 7, the purport of the whole pleadings
2. Determination as to the cause of action
A. The Plaintiff’s assertion 1) The Defendants are parties to the instant construction contract between the Plaintiff and the Plaintiff, and Defendant B is obligated to pay KRW 26,50,000 to the Plaintiff the price for the instant construction work, and Defendant C is obligated to pay KRW 74,820,000 to the price for the instant construction work. 2) Even if Defendant B’s wife and Defendant C’s husband, H, the husband of Defendant C, is G company and the instant remodeling construction work for the instant first and second apartments.