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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 following facts may be found either in dispute between the parties or in accordance with Gap evidence Nos. 1, 2, 3, Eul evidence Nos. 1, 2, 3, and Eul evidence Nos. 4-1 to 4, a whole purport of the pleadings.
(1) On July 29, 2012, the Plaintiff and the Plaintiff’s ASEAN concluded a construction contract with the limited partnership company D (the representative director, Defendant, hereinafter “D”) on a fixed basis as KRW 120,000,000 of the construction cost of the construction of a ground and the construction of machinery and equipment of KRW 219,000,000,000,000,000,000,000 in advance, was paid to D.
(2) On July 29, 2012, the Plaintiff entered into a construction contract with G limited partnership (hereinafter “G”) in which the Defendant’s wife serves as the representative director, setting the construction of the E-ground structure and heading as KRW 1.6 million of the construction cost, and made a contract for the construction of the E-ground structure and heading to G, and paid in advance KRW 53 million of the construction cost to G.
(3) Since the Plaintiff could change the name of the owner in C future, the Plaintiff entered into two contracts as above, but the Plaintiff and D entered into the construction contract, and D continued the construction project.
(hereinafter “instant construction contract”). B.
1) After entering into the instant construction contract, D bears the Plaintiff’s obligation to pay KRW 12 million to the Plaintiff.
(2) The Plaintiff was unable to pay advance payment under the instant construction contract, and the instant construction was interrupted.
(3) The Plaintiff and D settled the instant construction, and the Plaintiff settled the construction cost of KRW 67,80,000,000,000,000,000 for D’s loan, and subsequently, determined the final settlement amount of KRW 5,58 million (=67.8 million - 12 million).
(4) On February 4, 2013, the Plaintiff borrowed KRW 55,80,00 from D, with interest-free interest and the due date on August 31, 2013.