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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The following facts may be acknowledged as either a dispute between the parties or in full view of the purport of the entire pleadings in each entry in Gap evidence Nos. 1 and 2:
TS Marine AB (Sweden business registration number: 55623-1982; hereinafter “Sweden”) contracted to manufacture vessel block from Hyundai Industries Co., Ltd. (hereinafter “Sweden Industries”) and subcontracted it to the Plaintiff.
B. Meanwhile, on April 1, 2014, the non-party company agreed to pay the Plaintiff the construction cost of KRW 170 million, as the non-party company did not make a smooth production of the vessel block due to the shortage of oil. Of these, 12 million won among them, the non-party company agreed to deliver materials, equipment drawings, and various documents kept by him to the main industry of the main company company (hereinafter “main industry”), and upon entering into a contract for the manufacture of the main company company and the above vessel block, the Plaintiff shall pay the remainder of 68 million won when manufacturing the above vessel block and supplying it to the main industry in the modern era (hereinafter “instant agreement”).
C. Accordingly, the Plaintiff completed the production on July 11, 201 by concluding a vessel block production contract with the main industry, and completed the inspection by the non-party company, and supplied the vessel block to the industries from modern ginseng on July 19, 201.
2. The Plaintiff’s assertion and judgment asserted that, despite completion of the manufacture and supply of vessel blocks in accordance with the instant agreement, the Plaintiff did not receive construction cost of KRW 68 million from the non-party company, and claimed that the Defendant, who participated on behalf of the non-party company, was not paid the construction cost of KRW 170,000,000, out of the construction cost of KRW 68,000.
However, the parties to the instant agreement are only the non-party company, not the defendant, and the defendant is against the plaintiff of the non-party company.