공사대금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. On November 22, 2012, the Defendant concluded an investment agreement on the purchase of land, construction, and sale of land between D and C.
According to the above investment agreement, the defendant and C entered into a title trust agreement with D on December 12, 2012, and acquired the ownership of the land that will be transferred to Gyeonggi-gunJ due to the division on April 22, 2014 in the discretionary auction procedure, and obtained a construction permit to newly construct multi-family housing on the ground of the above land around 2014.
B. On July 17, 2015, with respect to the said new construction project of multi-family housing (hereinafter “instant construction project”), a written contract for construction works with a contractor C, F, and the contractor as G corporation (hereinafter “instant contract for construction works”).
Since then, the owner of the instant construction was changed to H, and H succeeded to the status of the contractor for the instant construction contract.
The instant corporation was completed around November 2016.
C. On November 24, 2015, the Plaintiff subcontracted the instant electrical construction (hereinafter “instant electrical construction”) from G Co., Ltd. with the contract price of KRW 110 million, which was set at KRW 10 million, and C guaranteed the said contract amount.
On March 3, 2016, the Plaintiff entered into a promise of accord and satisfaction, which requires payment in substitutes, if the payment of the contract price of the instant electrical construction is delayed between C and C.
E. On June 27, 2016, G Co., Ltd and D drafted to the Defendant a letter (Evidence B) stating that “G Co., Ltd. entered into a contract with the owner of the instant construction project and the contractor with the knowledge of the fact that C and D, and that there is no obligation related to the construction project. All the obligation for construction payment is transferred to D and H, and G Co., Ltd shall immediately notify all subcontractors of the said fact and notify them of the fact that they are not the owner of the construction.”
F. The Plaintiff’s electrical construction from G Co., Ltd.