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1. The plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. On March 14, 2019, the Defendant entered into a contract for construction works to receive a contract for the construction of a new urban-type E-based residential housing (hereinafter “instant construction”) from D at the early beginning of the Sinsi-si.
[Ground for recognition] Unsatisfy, entry Eul's evidence No. 1, the purport of the whole pleadings
2. The parties' assertion;
A. The primary assertion 1) The Defendant entered into a partnership agreement with H, which practically operates the F Company (Representative G in the registration of the business entity), with the instant construction. The Plaintiffs supplied KRW 75,474,080 for the instant construction. Of them, the Defendant is jointly and severally liable with H in accordance with Article 57(1) of the Commercial Act to pay KRW 44,575,080 for the supply of the steel bars to the Plaintiffs, and damages for delay.
2) Since the 1st preliminary assertion Plaintiffs concluded a contract for the supply of reinforcing bars with the Defendant regarding the instant construction project and supplied the Defendant with steel bars, the Defendant is obligated to pay the price for the supply of steel bars and damages for the delayed payment thereof to the Plaintiffs.
3) Although the instant construction contract was substantially concluded between D and H, the main owner of the building, and H, the operator of the F company, the instant construction contract was concluded, the Defendant agreed to borrow the name from the Defendant because H did not have a construction license necessary for the instant construction project. The Defendant had I, the employee of the F company, enter the name of the Defendant in the supply schedule according to such title lending relationship, and thus, the Defendant had I, the employee of the F company, enter the name of the Defendant in the supply schedule, as the nominal lessee under Article
B. The Defendant asserted that the Defendant entered into a subcontract with H on civil engineering, file, and framed among the instant construction works, and the Plaintiffs entered into a contract for supply of steel bars with H and supplied H with steel bars. The Defendant paid the subcontract price to H in full. As such, the Plaintiffs cannot claim payment for the supply of steel bars to the Defendant.
3. Determination
(a) Eul evidence 13 to 1.