1. The plaintiff's claims against the defendants are all dismissed.

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

1. The plaintiff's assertion

A. On September 11, 2015, the Plaintiff entered into a contract with Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd.”) for the pelpel and team construction among the new construction works for the D ground fraternity at Ansan-si (hereinafter “instant construction works”), and Defendant B agreed to jointly pay the said construction cost to the Plaintiff on the same day.

However, the construction cost of the instant 1 construction was initially increased from KRW 23 billion to KRW 230 million, and the Plaintiff completed the instant 1 construction work on January 2016.

B. On October 15, 2015, the Plaintiff received a contract for construction cost of KRW 79,567,644 from the Defendant Company for the steel frame and the board construction works (hereinafter “instant secondary construction works”) among the new construction works for the ground department E at Ansan-si (hereinafter “instant construction works”) from the Defendant Company, and the Defendant B agreed to jointly pay the said construction cost to the Plaintiff on the same day.

On December 2015, the Plaintiff completed the instant second construction work.

C. However, the Defendants paid only KRW 267 million out of the total amount of each of the above construction costs of KRW 309,567,644. The Defendants are jointly and severally liable for the payment of KRW 42,567,644 to the Plaintiff.

2. Determination

A. There is no evidence to prove that Defendant B agreed to pay jointly and severally with the Defendant Company the construction cost of the instant work Nos. 1 and 2 to the Plaintiff.

(2) The defendant B is a natural person who has separate legal personality from the defendant company, and only the fact that the defendant B was the representative director of the defendant company cannot be deemed jointly and severally liable for the debt of the defendant company). Therefore, the plaintiff's claim against the defendant B against the defendant company is without merit without any need to further examine the remainder of the claim.

B. As alleged by the Plaintiff, as to the claim for the payment of the construction cost of the Defendant Company, the construction cost of the instant 1 Corporation increased from the original 2.3 million won to the 2.3 billion won, and as to whether the construction cost of the instant 2 Corporation was KRW 79,567,644.