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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. Relevant party 1) The Defendant is awarded a contract for construction work for build-transfer-lease projects for sewage conduits maintenance from Seosan City, Seocheon, Inc., and on June 14, 2010, the sewage culvert maintenance work among them (hereinafter “the instant construction work”).
2) New Hyup Co., Ltd., Ltd. (hereinafter referred to as “New Co., Ltd.”)
(2) The Plaintiff supplied ready-mixeds and asphalts at the construction site of this case upon the request of a new cooperation recommendation, as a company manufacturing and supplying ready-mixeds and asphalts at the construction site of this case.
B. On July 2010, the Plaintiff’s direct payment agreement between the parties (i.e., direct payment agreement between the parties) sent to the Defendant an official document stating that “if the cause for payment occurs due to a failure to make payment to the Plaintiff, the Defendant agrees to pay directly in accordance with the payment terms and conditions,” and the Defendant also intends to deduct the amount from the corresponding base date of October 201 to pay in direct payment, which is the result of the suspension of the construction work.
‘Public door' was sent to a new codin.
C. The Plaintiff’s supply of goods and the receipt of the price for the goods were supplied to the Defendant with the amount equivalent to KRW 269,605,321 (i.e., KRW 222,135,382, KRW 47,469,939) from November 1, 201 to January 19, 2012. However, the Plaintiff received KRW 56,963,302 from the Defendant on December 30, 201.
The New Cooperative case agreed to suspend construction around the end of December 201 and settle down the 8,052,80,000 won (value added tax) with the Defendant’s flag portion. By then, the Defendant agreed to suspend the construction around the end of December 2011 and settle down the 8,052,80,000 won (value-added tax separate) with the Defendant’s flag portion. By then, the Defendant’s repair performance amount to 241,584,000 won