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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. Basic facts
A. On November 27, 2015, the Defendants concluded a contract with E, the representative director of the Plaintiff, on November 27, 2015, under which the construction cost of civil engineering works for the instant project site was KRW 410,000,000 for the construction cost of the instant project site.
(hereinafter “Agreement on Civil Works”). B.
On May 18, 2016, the Plaintiff, in addition to the instant civil works, has also undertaken an additional construction work for stone storage. Defendant B agreed to settle the additional construction cost at KRW 110,000,000 between the Plaintiff and the Plaintiff and pay it until May 20, 2016.
C. Defendant B paid to the Plaintiff the construction cost of KRW 410,000,000 and the said additional construction cost of KRW 110,000,000 under the instant contract for the Civil Works.
【Ground of recognition】 A without any dispute, entry in Gap evidence 1-2, Eul evidence 1, 5, and 6, and the purport of the whole pleadings
2. Determination as to the cause of action
A. The Plaintiff asserted that the instant contract for the Civil Works is about six debts out of the instant project site, and that the Defendants did not pay KRW 399,386,90 in the amount of the additional construction work even if all construction works were completed on or around May 10, 2016 (the second, third, and fourth parts) and that the Defendants did not pay KRW 399,386,90 in the amount of the additional construction work even though they were awarded a contract for the remaining six debts over three times (the second, third, and fourth parts). The Plaintiff seeks the Defendants selective liability against the Defendants for the payment of the said additional construction work costs under the agreement, or ② the joint and several liability for the payment of the amount equivalent to the said additional construction costs as compensation for the tort committed by the Plaintiff without an intent to pay the construction cost.
As to this, Defendant B argues that the instant contract for the civil engineering works is related to the entire project site of this case, and that the construction cost has already been paid. Defendant C is not a party to the instant contract, and it is not the Plaintiff’s claim.