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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. A. Around January 20, 2014, the Defendant awarded a contract for the construction of civil engineering works among the new construction works B, which was signed by Tae Changto Co., Ltd. (hereinafter “ Taetotok Construction”), but, upon the failure of Taetok Construction, the Defendant and Tae to cease construction works in the middle of the construction work, entered into an agreement on the other construction division around November 14, 2014, and entered into an agreement with the Defendant on the same content as the attached agreement.
B. The Plaintiff, with the trade name of “C”, was performing construction works by subcontracting the said civil engineering works among the said civil engineering works.
[Ground of recognition] Facts without dispute, entry of evidence No. 1, purport of the whole pleadings
2. The plaintiff's assertion and judgment
A. On June 2014, the Plaintiff asserted that he had been working on the subcontracted construction from Tae Chang Ho, the Defendant’s field manager D, and the Defendant’s “a request for work separately from Tae Chang Ho,” and the Plaintiff’s payment was KRW 70,072,70.
Therefore, the Defendant is obligated to pay the Plaintiff KRW 40,072,70,000, which was unpaid among the above construction cost.
B. According to the evidence Nos. 1 and 3 evidence, it is insufficient to recognize the fact that the Plaintiff entered into a contract for a construction with the Defendant on the sole basis of the statement of evidence Nos. 1 through 8 or the testimony of witness E, etc., in view of the fact that it appears that Tae Chang-to-sto-sto-sto-s to perform construction work until August 31, 2014.
3. The plaintiff's claim for conclusion is dismissed as there is no reasonable ground.