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1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
Facts of recognition
D Co., Ltd. (hereinafter “Defendant Co., Ltd.”) received a contract for the construction of F on the land (hereinafter “instant original contract”) from the Defendant Heung-gu Seoul Special Metropolitan City E (hereinafter “Defendant Co., Ltd.) (hereinafter “instant original contract”). On April 5, 2018, the Plaintiff received from D the construction period of the instant original construction (hereinafter “instant construction”) with the term of construction from April 5, 2018 to May 31, 2018 as KRW 1,230,000 (including value-added tax) (hereinafter “instant contract”).
[Ground of recognition] The defendant company, as stated in Gap evidence Nos. 1 and 3, ordered the plaintiff to perform additional construction work directly without going through the non-party company, and agreed to pay the construction cost directly.
The construction cost of the part of the Plaintiff’s construction work that the Defendant Company directed directly to the Plaintiff is KRW 185,00,000, and the value-added tax is KRW 203,50,000 if it combines the value-added tax.
The Plaintiff seeks payment of KRW 70,000,000 as part of its claim against the Defendant Company.
Defendant C, the actual owner of the Defendant Company, requested the Plaintiff to set the construction cost of KRW 1,200,000,000 in the course of concluding the instant contract, which is the Plaintiff’s actual owner, to set the construction cost of KRW 1,230,000,000, and the Defendant C agreed to pay KRW 30,000, which is equivalent to the difference, to the Defendant C.
The Plaintiff seeks payment of KRW 30,000,000,000 to Defendant C.
The following circumstances, namely, the contract was concluded between the Defendant Company and the Nonparty Company regarding the instant original work, and the contract was concluded between the Plaintiff and the Nonparty Company on the instant work, and there is no direct contractual relationship between the Plaintiff and the Defendant Company, and the Plaintiff’s additional assertion is made.