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1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. Facts of recognition;
A. Around December 2016, the Defendant entered into a construction contract with V, Co., Ltd. with respect to the construction of the fourth floor neighborhood living facilities on the ground of the first floor (hereinafter “instant building”) on the Busan metropolitan Daegu metropolitan transportation Daegu (hereinafter “instant construction”) with the Defendant: (a) the contract amount of KRW 1.577 billion (excluding value-added tax); and (b) the construction period from December 30, 2016 to June 30, 2017; and (c) the construction period of the instant construction contract with the Defendant to conclude the contract.
B. Article 5(1) of the Act provides that “The construction work of this case was entirely subcontracted to X Co., Ltd., and X Co., Ltd. provided a sub-subcontract to Z engaged in construction business with the trade name of X Co., Ltd. at KRW 1,500,000 (value added tax)
C. Meanwhile, the Defendant paid KRW 894,105,223 in total by paying KRW 36,282,293 on Apr. 21, 2017 to V, a total of KRW 100 million on December 21, 2016, KRW 350 million on January 10, 2017, KRW 45 million on April 11, 2017, KRW 362,82,930 on April 20, 2017, and KRW 36,282,293 on April 21, 2017.
Around May 2017, the Defendant agreed to rescind the contract with V Co., Ltd., and settled the construction cost of KRW 800,360,000 (i.e., the first progress payment of KRW 508,600,000,000 for the settlement of the accounts of KRW 219,000 for the completed payment of KRW 219,760,000 for the settlement of accounts in the amount of KRW 508,60.
E. After May 26, 2017, the Defendant concluded a construction contract with AA to set the contract amount of KRW 757,180,000 (excluding value-added tax) and the construction period from May 26, 2017 to July 30, 2017 with respect to the remainder of the instant construction project.
F. AA Co., Ltd. has awarded a subcontract to X Co., Ltd. for all the remainder of the instant construction work, and X Co., Ltd has given the Z a subcontract for all the remainder of the instant construction work.
G. Meanwhile, from July 4, 2017 to December 8, 2017, the Defendant, either directly or at the request of a stock company, part of the Plaintiffs against the subcontractors of AA, as shown in the AA payment statement.