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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. C Co., Ltd. (hereinafter “C”) concluded a contract with D Co., Ltd. (hereinafter “D”) on March 16, 2015 by setting the following:
1. Name of construction: Newly-built construction works;
2. Place of construction: Daegu City/Gu F
3. Date of commencement: The scheduled date of completion on March 30, 2015: 9,900,000,000 won (including surtax) on January 30, 2017;
B. On May 6, 2015, D subcontracted to G Co., Ltd. (hereinafter “G”) by setting forth the following:
1. The name of the construction project: Earth from among new E-construction projects;
2. Date of commencement: May 11, 2015: Scheduled date of completion: November 10, 2015;
4. Contract amount: 86,292,000 won (including surtax);
C. On May 18, 2015, G entered into a subcontract with H Co., Ltd. (hereinafter “H”) for the instant earth and installation works (hereinafter “instant home installation works”) by determining as follows:
1. Name of construction: A facility construction among new E-construction works;
2. Date of commencement: The scheduled date of completion on June 3, 2015: 50,000,000 won (including additional taxes) on July 30, 2015;
D. Around June 1, 2015, H awarded a subcontract with the Defendant for the instant facility construction cost at KRW 500 million.
E. Around July 31, 2015, H discontinued the construction work. G and H settled down the construction cost of H on September 7, 2015 at KRW 224,400,000.
F. On September 1, 2015, G subcontracted the instant provisional facility construction to the Defendant by fixing the following:
1. The name of the construction work: New E-construction work;
2. Commencement: Within one month after completion of the excavation work on June 3, 2015.
4. Date of completion: Amount of construction on January 31, 2016: 30 million won (including surtax), additional material costs of 44,000,000 won, and additional material costs of construction shall be settled separately, and progress payment and deductible amount for June, 2015 and for August shall not be included in the amount of construction.
G. On November 5, 2015, D settled the accounts of G and construction cost of KRW 524,700,000, and after November 6, 2015, D had the Plaintiff settled the instant land construction work.