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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. The Plaintiff and the Defendants are companies with the purpose of building work business and engineering work business.
B. On April 15, 2011, the Defendants contracted civil engineering, reinforced concrete, and water supply and sewerage construction among the site development-based construction works, which were implemented in the area B B of the Port District Urban Development Association (hereinafter “B”), among the “an urban development project in the Port District A,” which was implemented in the area B of the Port District B, and subcontracted the said construction works to Boan Co., Ltd. (hereinafter “Seoan”) on April 15, 201. On April 28, 2011, the Defendants continued the said construction and ceased on December 10, 2011.
C. After that, the Defendant Incorporated Incorporated Co., Ltd. (hereinafter “Defendant Incorporated”) directly carried out the construction of soil cutting devices against earth and sand and scarcitys from December 13, 201 to August 2012 during the said civil works. D.
On August 31, 2012, the Defendants jointly subcontracted the said site-based construction works (hereinafter “the instant primary subcontract”) with the Plaintiff and the original construction works (hereinafter “the instant primary subcontract”). With respect to the said construction works, the term “the construction cost of KRW 3.3 million for the Plaintiff,” and the subcontract agreement (Evidence A1) signed on June 27, 2013 between the Plaintiff and the original construction (hereinafter “original construction”), and the term “original construction”) written a subcontract agreement (Evidence A), signed on June 27, 2013 for the construction cost of KRW 6.97 billion for the original construction (hereinafter “original construction”) and the term “original construction” (Evidence A11).
However, even though the Defendants actually subcontracted the instant civil works to the Plaintiff and the original construction, as seen above, they prepared a subcontract agreement separate from the Plaintiff and the original construction, which is a joint contractor. In the process, the contract for the cost of construction attached to the subcontract agreement prepared between the Plaintiff and the Defendants, among the instant civil works, includes only the contents pertaining to packing, landscaping, electrical construction within the complex, and external pressure plant construction, and soil cutting, dump transport, soil piling, and ground-breaking.