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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
Facts of recognition
On December 30, 2011, the Defendant concluded a contract with C Co., Ltd., a company representing the project owner on behalf of the project owner, and concluded a contract with C Co., Ltd, with the content that the average unit price of each pention building to be constructed according to the instant contract would be KRW 1,200,000, 4,000,000, and 2,700,000,000,00,000, of the pention-dong ground floor.
On April 2, 2012, the Defendant entered into a subcontract with the Plaintiff established for the purpose of civil engineering and construction work on the land of Ansan-si, Ansan-si, under which construction works for construction of management Dongs and pention Dongs were subcontracted. On June 20, 2012, the Defendant entered into a subcontract with the effect that construction works for new construction of pention Dong (F2 Dong/G 4 Dong/H2 Dong) were subcontracted.
(2) According to each of the above subcontractings, the construction works of this case, including the management Dong and pentadong, shall be collectively referred to as “instant construction works,” and each of the above subcontracts shall be referred to as “instant contracts.” The construction costs under the contract of this case shall be KRW 1,252,00,000 for total amount of KRW 1,252,00,000 per G (130,000,000 per G, the amount of KRW 80,000 per F, the amount of KRW 130,00,000 per H, and KRW 130,000,000 per unit of land per H, and KRW 100,000 for each amount of KRW 2 per H.
In the instant contract, the entry of value-added tax is in blank, and the issuance of value-added tax is stated as “the issuance of value-added tax shall be retroactively applied at the time when the ordering person desires.”
On December 24, 2012, the Defendant sent a certificate of content to the Plaintiff stating that “The Plaintiff, the contractor, shall enter into a contract with the Plaintiff and complete the total of nine units, excluding part of G3 and four construction works among G3 and four construction works from March 1, 2012, and request the subcontractor to pay a portion of the construction work directly.”
① The Defendant directly paid KRW 30,800,000 to the Plaintiff out of the instant construction cost, and ② the Plaintiff’s subcontractor directly paid KRW 155,746,100 out of the construction cost.