1. The plaintiff's primary claim against the defendants is dismissed, respectively.

2. The Defendants are jointly and severally liable to the Plaintiff on 78,200.

1. Basic facts

A. On July 26, 2017, the Plaintiff entered into a construction contract on the part of pipeline facilities (hereinafter “instant construction contract”) in the construction of multi-household housing (hereinafter “multi-household housing”) on the ground of Pyeongtaek-si F [Road Name Address: Pyeongtaek-si G] 1098 square meters (hereinafter “instant site”) owned by the Plaintiff with Defendant C Co., Ltd. (hereinafter “Defendant Company”).

According to the instant construction contract, the construction amount was KRW 98 million (the construction amount was increased to KRW 107,800,000 after delay) and the construction period was from July 26, 2017 to September 30, 2017.

B. Around February 2018, the Plaintiff completed pipeline facility construction under the instant construction contract. A newly built multi-household house of this case was approved for use on July 13, 2018, but the Plaintiff was not paid 78,200,000 won out of the construction price by the Defendant Company.

C. On August 8, 2018, the Plaintiff confirmed that the amount of the construction price payable by the Defendant Company was KRW 78,200,000,000, and drafted a payment note promising payment by August 31, 2018 (hereinafter “instant note”).

Defendant D jointly and severally guaranteed the payment of the above amount payable by Defendant D in each of the instant notes.

According to the letter of this case, the rate of delay in the payment of the agreed amount shall be 15% per annum.

[Ground of recognition] Gap evidence Nos. 1-11 (including paper numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s main claim is the Plaintiff’s owner of the instant site, who is only Defendant D’s friendship, and the Plaintiff’s actual owner of the instant site is D.

The defendant company also lent the name of H, the birth of the defendant D, but the representative director is the defendant D.

Defendant D provided the instant building site and multi-household housing as collateral and received loans of 6 billion won in total. Of the instant multi-household housing, 268 million won is raised annually as rent for eight households.