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1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The gist of the Plaintiff’s assertion was that the Plaintiff acquired the claim for reimbursement of KRW 48,00,000 against the Defendants from D, and the Defendants shall jointly and severally pay the amount to the Plaintiff.
In other words, D subcontracted part of the contracted construction to the Defendants, and D did not pay 48,00,000,000 won to the subcontractor due to the Defendants’ failure to pay the labor cost, material cost, etc. for subcontracted construction to the subcontractor. From September 25, 2015 to February 4, 2016, D paid the Defendants on behalf of the Defendants.
As a result, D had a claim for reimbursement against the Defendants, and transferred this to the Plaintiff on April 20, 2016, and notified the Defendants of the assignment.
2. Examining whether the judgment D had the claim for reimbursement against the Defendants, it is reasonable to deny this.
The facts known in accordance with Gap evidence 1, 5, and 6 are as follows:
D On August 20, 2015, Defendant B contracted for reinforced concrete construction works (a structural construction) at KRW 170,000,000, and the period from August 20, 2015 to November 30, 2015.
After that, D remitted to the Defendant C’s account, the wife of Defendant B, KRW 35,00,00 on September 25, 2015, KRW 10,000 on October 16, 100, KRW 10,000 on June 10, 11, KRW 50,000 on September 5, 19, KRW 000 on September 27, 11, 200, KRW 114,000 on a total of KRW 114,00,00 on September 27, 200.
However, there is no evidence to prove that Defendant B paid labor costs, etc. to its subordinate companies on behalf of D, except for the description of evidence No. 3 and the testimony of witness D unilaterally prepared by D which is difficult to believe as an interested party.
In addition, according to the statement in Gap evidence No. 3, D paid direct labor costs, etc. to the subordinate companies of defendant B during several times, which is not consistent with the plaintiff's assertion that defendant B had to pay directly to subordinate companies in the construction site.
In other words, D transferred 35,00,000 won to Defendant C’s account on September 25, 2015 to F on October 16, 2015.