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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The parties' assertion
A. The Plaintiff asserts as follows as the cause of the instant claim.
(1) The Defendant built a new building on the ground of Gangseo-gu Seoul Metropolitan Government (hereinafter “instant construction”).
(2) The Plaintiff and the construction business operator concluded a contract for construction work with Nonparty D, who is the Defendant’s on-site manager and delegated a full right by the Defendant, on an oral basis. The total construction cost is KRW 220,440,800, including the cost of reinforced concrete, the payment of which was completed.
(3) However, accounts payable out of the remainder of the construction cost, excluding reinforced concrete personnel expenses, are KRW 720,00,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00,000,00,00,00,00.
(4) Since these construction business operators entrusted the Plaintiff, a general manager, to claim the above construction cost, they filed a claim against the Defendant for full amount of KRW 50,730,00,00 which was delegated by the Plaintiff.
(5) Even if the Defendant is not a contractor for construction work against the Plaintiff, etc., the Defendant deposited the instant construction cost in the passbook in his own name, which was entrusted to D, and D paid it to the construction business operator including the Plaintiff. Thus, it shall be deemed that the Defendant ratified the construction contract that was concluded between the construction business operator and D.
B. As to this, the Defendant asserts that D is not the head of the Defendant’s site, but the contractor who received the instant construction work from the Defendant as a fixed amount of KRW 400 million, and D subcontracted to another construction business operator, and the Plaintiff is the head of D’s site under D’s instructions, and thus, the Plaintiff cannot seek payment of the said money against the Defendant, not the Plaintiff.
2.