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1. All claims against the Defendants are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. On August 24, 2008, there is no dispute that the Plaintiff received KRW 250,000,000 from the Defendants on November 11, 2008 and completed the construction of the G ground from the Defendants on August 24, 2008.
2. The plaintiff asserts that the construction cost should be paid jointly by the defendants, since the amount equivalent to the claim amount of KRW 250,000,000 originally agreed as the construction cost was invested.
1) According to the evidence Nos. 1 and 1 of this case, since the construction cost at the time of the contract is KRW 250,00,000 at the time of completion of construction without additional expenses, the Plaintiff’s assertion that even if the construction cost exceeds KRW 250,00,00,00, the construction cost should not be claimed as the cause of claim for the first construction contract. 2) The Plaintiff agreed to suspend construction work to the Defendant B, the representative of the Defendants, because the construction cost exceeds the expected construction cost on Oct. 21, 2008, and thus, the Defendant would have agreed to pay the excess construction cost, and thereafter, the Defendants would have agreed to pay the excess construction cost at the place of meal with the Defendants after the completion of construction work.
First of all, as to whether Defendant B had the authority to represent the remaining Defendants as the representative of the Defendants, there is insufficient evidence to acknowledge only 1 (construction contract).
Furthermore, as to whether Defendant B agreed to pay the excess construction cost claimed by the Plaintiff during the construction without any condition, there is insufficient evidence to acknowledge only the evidence No. 5 (Recording).
In addition, there is also a lack of evidence as to whether the Defendants agreed to pay the excess construction cost claimed by the Plaintiff after the completion of construction work without any condition.
3. Meanwhile, around November 22, 2015, Defendant B and F would take into account the Plaintiff’s interest in selling the building to the Plaintiff and handling all the Defendants’ expenses.