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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. Cheong Mine Construction Co., Ltd. (hereinafter “Cheong River Construction”) awarded a contract for a part of the “D official residence and barrack facility private investment project” (hereinafter “instant project”). The Defendants are those engaged in the said construction work at the site of the said construction.
B. On January 10, 2015, the Plaintiff, the purpose of which is the temporary site leasing business, entered into a contract for the temporary site leasing related to the above construction with Defendant B (hereinafter “instant lease contract”). Defendant C jointly and severally guaranteed Defendant B’s obligation to the Plaintiff under the instant lease contract. On the lower end of the instant lease contract, in principle, the Plaintiff is directly and severally treated to the Plaintiff within seven (7) days from the deposit of the progress payment from the original contractor company (Cheongung Construction), and the seal impression of the original contractor is affixed thereto.
C. In accordance with the instant lease agreement, the Plaintiff leased the snow building site to Defendant B, and KRW 508,79,772 out of the total rent of KRW 646,106,195 under the instant lease agreement that occurred from around January 2015 to April 2015 is not yet paid by the Defendants.
On March 12, 2015, Defendant C drafted a written consent that “as to the settlement of each of the companies corresponding to KRW 800,000,000,000 for material costs of temporary materials, etc. put into the construction site of the instant project” (hereinafter “instant written consent”). The instant written consent contains the Defendant C’s signature and seal, the Plaintiff’s representative director E, the Plaintiff’s employee F, and dlim Construction’s signature and seal, and the Plaintiff’s and Dlim Construction’s seal affixed to each of the respective corporate signatures and seals, and is written at the lower end of the written consent.
E. On March 12, 2015, D forest construction is subject to the instant lease agreement with the Plaintiff.