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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 July 25, 2016, the Defendant: (a) concluded a contract with Nonparty C Co., Ltd. (hereinafter “C”); (b) for construction work of constructing a commercial building, the size of the first underground floor and the third floor above the ground (hereinafter “instant building”); (c) fixed the construction cost of KRW 1,350,000 (including value-added tax) and the period from August 1, 2016 to November 30, 2016.
(2) On December 31, 2016, at the request of C, a modified contract was concluded to increase the construction cost of the said newly constructed construction to KRW 1.466 billion (including value-added tax) and to extend the period by March 30, 2017.
B. (1) On January 23, 2017, the Plaintiff entered into a contract with C to accept the instant subcontract for the manufacturing and installation of steel structure (hereinafter “instant steel structure construction”) among the aforementioned new construction works by setting the construction cost of KRW 341 million (including value-added tax) and the period from January 23, 2017 to February 28, 2017 (hereinafter “instant subcontract”).
(2) With respect to the payment of the instant steel structure construction cost, i) advance payment of KRW 80 million (payment within one day after the conclusion of the contract), ii) intermediate payment of KRW 100 million (payment within KRW 100 million) and iii) balance of KRW 161 million (payment within 150 million after completion of the contract) were written in the instant subcontract. (c) C paid KRW 80 million to the Plaintiff on January 23, 2017, which is the day of the instant subcontract. (2) The Defendant, on February 27, 2017, paid KRW 10 million in advance to the Plaintiff on February 27, 2017, which is the day of the completion of the instant steel structure construction, by account transfer; (d) the Plaintiff, on February 27, 2017, filed a corrective order for the use of the instant steel structure registered on February 28, 2017; and (e) the Plaintiff, on February 17, 2017.