공사대금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The Plaintiff asserted that the Plaintiff was not paid KRW 139,520,000 out of the construction price, and claimed for the payment of the unpaid construction price and the delay damages therefrom, in spite of the Plaintiff’s performance of the relevant part of the subcontracted construction work for electricity, fire-fighting, and telecommunications from the Defendant among the new construction works for Busan Shipping Daegu C (hereinafter “instant subcontract”).
2. However, there is insufficient evidence to prove that the other party to the subcontract of this case was the defendant.
Rather, according to the statements in Gap evidence Nos. 1 and 4, it is recognized that the plaintiff entered into the subcontract of this case and the other party who issued the electronic tax invoice for the construction cost is "D" rather than the defendant.
Even if the defendant and D are in a special relationship with each other as the plaintiff's assertion, it cannot be viewed differently.
3. Furthermore, the Plaintiff asserts to the effect that the Plaintiff is seeking compensation for damages equivalent to the amount of the unpaid construction price against the Defendant by evading the enforcement of the Plaintiff’s claim for the construction price by transferring the building constructed by the instant subcontract between the Plaintiff and D to the Defendant, and that the Defendant participated therein. However, there is no evidence to acknowledge the Plaintiff’s allegation, and the Plaintiff’s remaining argument is without merit.
4. Therefore, the plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.