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1. The plaintiff's claim of this case is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. [This case’s subcontract] On November 4, 201, the Plaintiff paid 930,000,000 value-added tax of KRW 93,00,00,00 for the contract period from November 1, 201 to March 3, 2013 as to the apartment site (hereinafter “instant subcontract site”) ventilation and ancillary facilities construction (hereinafter “the instant subcontract site”) between the Defendant, who was awarded a contract from the GS Construction, and the Defendant paid the purchase card of KRW 2 months each month (the purchase card of KRW 2 months in the following month as to the period of the previous month) as contract deposit, and the amount of 15% [including additional 930,00,000,930,000,000,000] of the supply amount as contract deposit (hereinafter “this case’s subcontract bond”) was issued to the Defendant on May 4, 205, 205 (hereinafter “the Seoul subcontract bond”).
B. [The execution and payment of the subcontracted work in this case before the rehabilitation procedure] The Plaintiff entered into a sub-subcontract with the digital fish system corporation (hereinafter “digital fish system”) and the Jinsung Co., Ltd. (hereinafter “Jinsung”) in charge of the equipment, which are in charge of human resources, and entered into a sub-subcontract with A, and performed the subcontracted work in this case.
From November 201 to March 31, 2012, the Plaintiff received the payment of KRW 387,000,000 for the construction work of the instant construction from the Defendant on five occasions.
C. [The costs of the Plaintiff’s construction work on April 10, 2012] The Plaintiff introduced 27 public ventilation equipment at the instant construction site on April 10, 2012, and 120 household ventilation equipment at the instant construction site on April 16, 2012, respectively, to the Defendant on May 10, 2012, according to the schedule of the instant construction project through prior consultation by Jinsung’s Co., Ltd. (including 120 household ventilation equipment).