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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. 1) On November 17, 2016, the Defendant concluded a contract for construction works, etc., the Plaintiff and B (former C Co., Ltd.; hereinafter “Nonindicted Company”) are the Plaintiff and the Plaintiff Co., Ltd. (former C Co.,
B) As to the construction work of the D Child Care Center (hereinafter “D Child Care Center construction work”), each contract was concluded by setting the total construction cost of KRW 590,104,90, and the construction period of KRW 100 from November 21, 2016 to June 18, 2017 as the warranty bond rate of KRW 3% (three years).
B. The instant contract for construction works was terminated on or around November 15, 2017, and the Defendant notified the Plaintiff, a representative contractor, of the instant contract amounting to KRW 480,140,000 by mail verifying the content, and the Plaintiff and the Defendant entered into an agreement on the settlement of accounts on November 28, 2017.
C. (1) The Defendant paid the Plaintiff KRW 409,779,390 as the instant construction cost from January 6, 2017 to August 9, 2017. (2) On January 19, 2018, the Defendant deposited KRW 37,012,95 as Seoul Western District Court 2018, on the ground that the Plaintiff’s claim for the instant construction cost competes with multiple claims, provisional seizure, seizure and collection orders, etc.
3) On February 21, 2018, the Defendant: (a) notified the Plaintiff that the deposit amount of KRW 409,779,390, and KRW 37,012,95 shall be deducted respectively; (b) the deposit amount of KRW 460,610,705, which corresponds to the Plaintiff’s amount of the original construction work; and (c) the deposit of KRW 13,818,320, which corresponds to the agreed deposit rate of KRW 3% (i.e., KRW 460,610,705 x KRW 3%; and (d) the deposit of KRW 13,818,320, which corresponds to the agreed deposit rate of KRW 3%. [Grounds for recognition] The Plaintiff did not dispute [including grounds for recognition]; (c) entry of KRW 1,2,4; and (d) evidence Nos. 1 through 6 (where any number is available; and the purport