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1. The plaintiff's primary and conjunctive claims are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On July 7, 2014, the Defendant entered into a contract for production with the content that, at his/her own expense, the Defendant shall produce aggregate from the Gangwon-do Crossing-gun Land (hereinafter “instant site”) and supply it to Tae P&C with production facilities, and that, at the same time, Tae L&C shall pay KRW 4,700 per aggregate cubic meter (hereinafter “instant contract”).
B. After the conclusion of the instant contract, D’s father-E, the Defendant representative director, was aware of G through F’s introduction while coloring showers to put in the field of aggregate production at the site of aggregate production.
E made an agreement with G and G to install aggregate crushing equipment, including showers, and the cost of installation was to pay KRW 2,200 per 1 cubic metres of aggregate produced at the instant site (hereinafter “instant subcontract”).
C. G set a shower at the instant site around September 20, 2014, but did not produce aggregate at the instant site by the end of December 2014 due to the authorization, permission, etc.
G decided to complete installation costs by January 5, 2015 to the Defendant from the beginning of 2015 to the end of January 20, 2015, and the Defendant prepared a letter of intent to waive if the completion is not known, and issued it to the Defendant. D.
On April 3, 2015, the defendant issued F a payment guarantee letter with the following content to F.
After the settlement of the end of the month of the Plaintiff’s aggregate production, the Defendant subcontractor, will guarantee the preferential payment of the rent of KRW 15 million per month of the Daman Warsaw rent when the approval is paid.
(If the above matters were delayed for more than two months, Plaintiff H shall delegate all the leased machinery to the Defendant) Plaintiff H (Person H) Representative D E
E. As of May 10, 2015, G experienced financial difficulties, the Defendant was from G to the instant site.