1. The plaintiff's primary claims against the defendant B, C, and D are all dismissed.

2. Defendant E Co., Ltd. 38.

Basic Facts

Defendant B, C, and D (hereinafter “principal Defendants”) jointly carry on construction business, etc. in the name of F.

On March 30, 2017, Defendant E Co., Ltd. (hereinafter referred to as “E”) concluded a contract for the instant officetel construction work (hereinafter referred to as “instant officetel construction”) with the construction cost of KRW 2,950,000,000, and the construction period from April 5, 2017 to December 31, 2018.

(The name of the contractor under the first construction contract was changed to Defendant B, but later, the name of the primary Defendants was changed. The primary Defendants paid KRW 2,797,340,000 as the construction price to Defendant E from March 25, 2017 to February 27, 2019.

However, there was a dispute over the delay of construction between the primary Defendants and Defendant E, and the primary Defendants, around March 18, 2019, notified Defendant E of the cancellation of the construction contract, by asserting that Defendant E had de facto renounced construction work after October 2018.

[Ground of recognition] Gap evidence Nos. 2, Eul evidence Nos. 1, 2, and 6 (including paper numbers; hereinafter the same shall apply), and the purport of the whole pleadings by the parties concerned are as follows: The main defendants are obligated to pay the plaintiff construction cost of KRW 38,500,000 for the following reasons.

Defendant B visited the Plaintiff’s workplace in around 2018 and requested construction of the instant officetel’s floor materials. The Plaintiff completed construction from November 30, 2018 to January 30, 2019.

(2) The Plaintiff’s primary Defendants did not pay KRW 38,500,000 to the Plaintiff for construction cost, separately from the instant officetel construction.

Even if the primary Defendants are merely owners and are not parties to the contract with the Plaintiff, the primary Defendants are the instant construction work.