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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 May 2, 2013, the Defendant was awarded a contract for the “C Soft Pipelines Corporation” (hereinafter “Effa Engineering”), and D (hereinafter “D”) from the Defendant, on May 2, 2013, for the construction cost of the said construction, KRW 2,909,500,000 (including value-added tax) and from May 2, 2013, for the construction period from May 2, 2013.
7. While entering into force under a subcontract with the Defendant for a period of 10.10, there was an agreement between the Defendant and the contractor to implement the additional construction cost of KRW 852,828,93 (including value-added tax) (hereinafter “instant additional construction”).
B. Upon receiving a request from D to support workers for the instant construction and additional construction, the Plaintiff dispatched workers to the instant construction and additional construction from July 2013 to October 201 of the same year and completed the construction.
[Ground of recognition] Facts without dispute, entry of evidence Nos. 1, 6, 12 and the purport of the whole pleadings
2. Determination as to the cause of claim
A. The summary of the Plaintiff’s assertion 1) The Defendant agreed to pay the Plaintiff labor cost of the employees dispatched to the instant construction and additional construction site. As such, the Defendant is obligated to pay the Plaintiff the remainder of KRW 135,446,010, which remains after deducting the amount already paid, from the total labor cost of KRW 565,034,340, and delay damages therefor. 2) Even if not, D transfers the portion of KRW 238,873,514, out of the instant construction and additional construction cost claim against the Defendant on September 16, 2013, as the Defendant transferred to the Plaintiff on the part of KRW 238,873,514, out of the amount of the instant construction and additional construction cost claim against the Defendant, the Defendant is obligated to pay the Plaintiff, the assignee of the said claim, as well
B. First of all, the following circumstances are revealed as to whether the Defendant agreed to pay the labor cost directly to the Plaintiff, taking into account the following circumstances: (a) the descriptions of evidence Nos. 3, 4, and 11; and (b) the purport of the witness E’s testimony and pleading.