공사대금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. A. Around October 2016, the Defendant, as the owner of a building, started the construction work of constructing three factories (hereinafter “instant factory”) on the land B and C (hereinafter “instant new construction work”).
B. From October 2016 to March 20, 2017, the Plaintiff performed electricity and telecommunications construction among the instant new construction works, and the construction cost is KRW 36,839,000.
C. On May 29, 2017, the Defendant completed the registration of preservation of ownership of the instant factory on May 29, 201, and established a collateral on May 31, 2017 with the Industrial Bank of Korea.
[Reasons for Recognition: Evidence No. 1, 4, and 6, Evidence No. 2-1, 2, Evidence No. 5-1, 2, and 3, and the purport of the whole pleadings]
2. Assertion and determination
A. The Plaintiff’s assertion 1) concluded a contract for the construction of the instant plant among the new construction works in the instant case with D introduction, and at the time, the Defendant received a loan after the completion of the instant factory, and paid the construction cost. The Plaintiff was obligated to pay the Plaintiff the construction cost of KRW 36,839,00,00, since the Plaintiff completed the said construction and telecommunications construction work and received a loan as security for the instant factory completed by the Defendant, the Defendant was obligated to pay the Plaintiff the construction cost of KRW 36,839,00. (2) The Defendant, like the Defendant’s assertion, awarded a contract for the construction of the instant plant to the Dawon Construction Industry Development Co., Ltd. (hereinafter “Dawon Construction”), and even if the Dowon Construction was subcontracted to the Plaintiff during the period, even if the Dowon Construction was subcontracted to the Plaintiff, the Defendant, Dowon Construction and Fair Transactions in Subcontracting Construction, and the Plaintiff did not directly pay the construction cost of KRW 14(1)2 to the Plaintiff.
B. The Defendant’s judgment on the direct contract assertion.