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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 April 9, 2014, the Defendant (i.e., the instant subcontract agreement between the Plaintiff and the Defendant (i.e., the instant building company before the alteration): (ii) concluded a subcontract agreement with the Plaintiff on April 14, 2014 to the construction period for repair, reinforcement, and restoration works of a building due to a fire in the Danam-ro partition from the Sungnam-ro Partition management body; (iii) on September 13, 2014, with the construction period fixed at KRW 5,258,00,00. (iv) On April 14, 2014, the Defendant entered into a subcontract agreement with the Plaintiff to the effect that the internal swimming and damp construction works (hereinafter “instant subcontract”) during the said restoration works should be paid within the construction period from May 20, 2014 to July 30, 2014 to the scheduled date of 1,50,000 value-added tax (including KRW 14,2014).
(hereinafter collectively referred to as “instant subcontract”). (b)
The Plaintiff’s progress of construction works and the Defendant’s payment of construction price (1) failed to complete the subcontracted construction works of this case by August 31, 2014, which is the scheduled date of expiration of the extended construction period. (2) The Defendant demanded the Plaintiff to settle the construction price by demanding the completion of the subcontracted construction works of this case on September 30, 2014, October 13, 2014, and October 17, 2014.
3) Meanwhile, the Defendant paid a total of KRW 982,00,000 on five occasions from May 19, 2014 to September 4, 2014, as a result of the performance payment. The Defendant requested a management body in Sung-nam canon on October 2014 to pay a direct payment of the subcontract price, and around that time, the management body in Sung-Nam can pay KRW 70,000,000 to the Plaintiff under the direct payment as a direct payment (total of KRW 1,052,00,000).
The Plaintiff prepared the instant settlement agreement between the Plaintiff and the Defendant on December 16, 2014, shall be settled by the public document number 2014-1215-01, both parties do not raise any civil or criminal objection.
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