1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. The Plaintiff is a company whose business purpose is landscaping construction business, etc., and Defendant D (hereinafter “Defendant D”) is a company whose business purpose is civil engineering, construction business, etc.

Defendant C and B are those who were or were in office directors or representative directors of Defendant D.

B. On December 11, 2012, Defendant D was selected as a qualified successful bidder for E apartment landscaping (the contract amount of KRW 2,579,767,00) and F apartment landscaping (the contract amount of KRW 2,018,659,000; hereinafter referred to as “instant landscaping”) implemented by the Korea Land and Housing Corporation.

The Korea Land and Housing Corporation demanded Defendant D to enter into an electronic contract with a contract guarantee by December 21, 2012.

C. On December 21, 2012, the Plaintiff, on behalf of Defendant D, remitted total of KRW 295,088,370, including contract guarantee fee of KRW 9,574,450, to the Construction Mutual Aid Association.

[Reasons for Recognition] Facts without dispute, Gap evidence 7 (including a provisional number; hereinafter the same shall apply), Eul evidence 1, the purport of the whole pleadings

2. The plaintiff's assertion

A. Defendant D has to pay KRW 295,088,370 to the Construction Mutual Aid Association by December 21, 2012 in order to conclude the instant landscaped construction contract.

B. At the time, Defendant C, the actual operator of Defendant D, agreed to pay the Plaintiff’s representative director G to transfer all rights to the instant landscaping construction work to the Plaintiff, if the Plaintiff paid the said money on behalf of the Plaintiff to the Construction Mutual Aid Association, and the Plaintiff transferred the said money to the Construction Mutual Aid Association on December 21, 2012.

C. Defendant D entered into a contract agreement on the instant landscaping construction with the Korea Land and Housing Corporation after obtaining a contract guarantee from the Construction Mutual Aid Association by transferring the said money to the Construction Mutual Aid Association.

However, Defendant B and Defendant C, who had a representative director at the time of Defendant D, are not the Plaintiff, unlike the agreement with the Plaintiff.