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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
On February 5, 2016, the plaintiffs leased the second floor located in Yeonsu-gu Incheon Metropolitan City D for the purpose of remodeling and operating a singing practice room and a danran bar, and then requested the defendant to do interior works (hereinafter "the construction work of this case"). The defendant did not complete the construction work of this case by the agreed date, despite receiving the construction cost of KRW 67 million from the plaintiffs, thereby causing damage of the plaintiffs amounting to KRW 39,160,000,000 by the agreed date of construction. Thus, the defendant is liable to compensate the plaintiffs for damages due to nonperformance.
Even if the Defendant is not the other party to the contract, the Defendant is liable to compensate the Plaintiffs for damages arising from tort, on the ground that the Plaintiffs suffered damages due to the tort, such as deceiving the Plaintiffs and receiving the construction cost, even though the Defendant knew that the construction of this case could be completed by the agreed date using the Plaintiffs’ in favor of the Plaintiff.
Since E Co., Ltd., other than the Defendant’s assertion, received contracts from the Plaintiffs for the instant construction, it cannot comply with the Plaintiffs’ claims.
According to the judgment of the plaintiffs' claim for damages due to default on the market, according to the evidence No. 3-1, No. 2, and No. 8, it is recognized that the plaintiffs remitted the construction price to the account in the name of the defendant.
However, the contract is established by the consistency of the parties' intentions, and the party to the contract bears the burden of proof to the claimant. The defendant, as the representative director of the E-stock company, prepared a certificate (Evidence A5) stating that "the construction of this case will be completed by July 9, 2016" with the plaintiffs on July 1, 2016 and submitted by the plaintiffs on June 13, 2016.