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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. On March 30, 2016, the Plaintiff entered into a contract with the Defendant and Kimhae-si Construction Co., Ltd. (hereinafter “C Apartment-si Construction”) by stipulating that the construction period shall be from April 1, 2016 to April 30, 2016; the construction price shall be KRW 26,40,000 (including value-added tax); the construction price shall be KRW 26,40,00 (including value-added tax); 50% of the construction price shall be paid on April 30, 2016; and the remaining 50% shall be paid on May 20, 2016.
B. On May 30, 2016, the Defendant remitted KRW 20,000,000 to the national bank account in the name of D, and KRW 8,000,000 on November 1, 2016, and KRW 4,000,000 on November 1, 2016, and KRW 5,500,000 on January 12, 2017, respectively.
[Reasons for Recognition] Facts without dispute, Gap evidence 1, Eul evidence 1 and Eul evidence 2 (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings
2. The assertion and judgment
A. On January 2015, the Plaintiff asserted 1) with the Defendant and the Plaintiff: (a) with respect to the repair of the defects of the apartment model E-House in Busan Seo-gu ( personnel expenses and food total of KRW 420,000); (b) with respect to the model housing construction (total construction cost of KRW 1,670,000 in spring in 2015); (c) around May 2015, with respect to the construction of the apartment model housing (total construction cost of KRW 61,616,00 in total) located in Kimhae-si, Kimhae-si; and (d) around early April 2016, the apartment fire fighting construction work of the apartment (total construction cost of KRW 2,635,00 in total) in Busan-si; and (e) the apartment housing construction work of up to KRW 1,670,00 in total and up to KRW 150,00 in total; and (vi) the apartment housing construction work of up to KRW 1050,500.
(7) Around November 2016, the Defendant entered into a contract for each construction work with respect to the Defendant’s office construction work (total construction cost of KRW 2,100,00) located in Kimhae-si, Kim Jong-si, and 8,570,000, out of total construction cost of KRW 111,96,00,000, the Defendant paid the Plaintiff the total construction cost of KRW 33,96,000,000 (total construction cost of KRW 111,96,000), and around the end of 2016, the Defendant paid the Plaintiff the total construction cost of KRW 78,570,00.