공사대금 청구
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The following facts may be acknowledged after compiling the whole purport of the pleadings in each entry in Gap evidence 1-1, 2, 3, 2, 3, 2, 3, 4, 5-1, 5-2.
C Co., Ltd. (hereinafter referred to as “C”) was awarded a contract for the Dental Housing Corporation (hereinafter referred to as “instant construction”) in Gangwon-gun, Gangwon-do, Seoul (hereinafter referred to as “C”) around June 2007.
B. Around July 9, 2007, E (the Plaintiff’s dynamics and F’s business registration holder) entered into a construction contract with C to determine the construction cost of 140 million won during the instant construction work and the construction period from July 9, 2007 to September 30, 2007 (hereinafter “instant subcontract contract”).
C. C around July 2007, at the end of time, transferred the status of the construction to G Co., Ltd. (hereinafter “G”).
G continued the instant construction, and undergone a completion inspection on August 2008.
2. Judgment on the plaintiff's claim
A. The Plaintiff asserted that the Defendant continued the instant subcontract under the name of G, and that the Plaintiff continued the instant subcontract under the name of E, and on April 13, 2009, the Plaintiff CG agreed to settle the unpaid subcontract price at KRW 75 million, which the Plaintiff would receive with respect to the instant subcontract work, and that G shall pay the said settlement amount to the Plaintiff. The Defendant asserts that as a substantial interested party of G, the Plaintiff is obligated to pay the said settlement amount at KRW 75 million.
B. Comprehensively taking account of each of the statements in evidence Nos. 2 and 3, Plaintiff CG settled the unpaid subcontract price of this case that the Plaintiff received with respect to the instant subcontracted work on April 13, 2009 as KRW 75 million, ② the Defendant, the representative director of G, recognized and accepted the instant subcontracted work, and prepared a letter of transfer of the subcontracted work and the construction cost (Evidence No. 2) as shown in the attached Form stating that he/she promised to pay to the Plaintiff, ③ the Defendant, and the Defendant, G.