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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
A. On March 7, 2012, Defendant A awarded a contract for F building extension works in Daegu-gun E (hereinafter “instant construction works”) with the construction business that is conducted on March 7, 2012 as KRW 594,00,000 (including value-added tax) during the construction period from March 7, 2012 to May 15, 2012.
B. D subcontracted to the Plaintiff the interior construction work of the said construction work amounting to KRW 80,200,000.
C. Defendant A paid D KRW 607,400,000, respectively, and KRW 356,000,000 on April 13, 2012; and paid KRW 48,000,000 on April 20, 2012; and KRW 50,000,000 on May 9, 2012; and paid KRW 113,00,000,000 on June 20, 2012; and paid KRW 33,00,00,000 to the Plaintiff on August 13, 2012.
【In the absence of dispute over the grounds for recognition, Gap evidence 1, Eul evidence 1-1, 2, 5-1 through 5, 6-1, 6-2, and the purport of the whole pleadings
2. The parties' assertion
A. On May 2012, Defendant A demanded that the Plaintiff carry out administrative Dong, factory building additional works, and air conditioner installation works among the above F building (hereinafter “instant construction works”) and agreed to pay the price to the Plaintiff directly.
Accordingly, even though the Plaintiff completed the instant construction from June 6, 2012 to June 13 of the same year, the Defendant A did not pay the construction cost.
On the other hand, Defendant B is an individual company of Defendant A, which was a legal entity, and the obligation of Defendant A concurrently takes over the obligation of Defendant A. Thus, the Defendants are jointly and severally liable to pay the Plaintiff the construction cost of this case 26,630,500 won and delay damages.
B. Defendant A did not have concluded the instant construction contract with the Plaintiff, and Defendant A had already paid the instant construction cost to D.
However, the plaintiff did not receive the construction cost from D, and requested the defendant A to pay it, and accordingly, it shall be 33,000.