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1. Preliminary Defendant’s KRW 471,55,970 for the Plaintiffs and the period from February 15, 2014 to May 12, 2016.
Reasons
1. Basic facts
A. On June 14, 2012, the primary Defendant: (a) entered into a contract with Algeria Co., Ltd. and D Corporation (hereinafter “instant Corporation”); (b) entered into a contract with the primary Defendant and the said Corporation to enter into a contract with the primary Defendant for the construction cost of KRW 499,220,514,197 (excluding value-added tax); and (c) entered into a subcontract with the primary Defendant and the said Corporation, on September 28, 2012, to give the primary Defendant a subcontract with the design work cost of KRW 13,37,90,000 (excluding value-added tax).
B. The Plaintiffs organized a consortium for the design of the part of landscaping among the instant construction works (hereinafter referred to as “instant landscaping design work”) and carried out the first local business trip with the Defendants from June 27, 2012 to July 2, 2012, and the second local business trip from August 10, 2012 to August 15, 2012. From July 9, 2012 to the Defendants’ joint office, the Plaintiffs conducted business related to landscaping design, including participation in meetings, preparation of reports, and design drawings.
C. Meanwhile, from August 18, 2012 to October 10, 2012, the Plaintiffs continued several negotiations with the preliminary Defendant to determine the service cost for the instant landscaping design business, and agreed at KRW 1,700,000,000 on October 16, 2012, but the preliminary Defendant presented the service cost of less than KRW 1,00,000,000 on the ground of the company policy on October 26, 2012. Accordingly, the Plaintiffs were unable to enter into the contract, and the Plaintiffs were collected from the joint office on November 5, 2012.
[Ground of recognition] Facts without dispute, Gap evidence 1 through 17, 22, 23, 24, Eul evidence 15, 17, Eul evidence 1, 2, 3, 5, and 6 (if any, including branch numbers; hereinafter the same shall apply)
2. Judgment as to the main claim
A. (1) The primary Defendant, around June 2012, subcontracted the instant landscaping design business to the Plaintiffs and made a verbal contract to pay the price to the Plaintiffs. Therefore, the primary Defendant is the Plaintiffs.