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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
Basic Facts
1) Telecommunications Construction Co., Ltd. (hereinafter referred to as “CAD Construction”)
(B) On April 14, 2010, the new public corporation and the new public corporation are “B Complex Construction Corporation” (hereinafter “instant complex construction corporation”).
A) A joint owner of the instant complex. Around that time, a large-scale construction company (hereinafter referred to as “large-scale construction”) for soil construction among the instant complex construction projects.
C) On September 16, 2013, the part of the instant complex construction among the instant complex construction works was transferred to the Plaintiff (hereinafter referred to as “Plaintiff, etc.” when the joint contractor of the instant complex construction works is referred to collectively as the “joint contractor of the instant complex construction”).
(2) On September 5, 2011, the Defendant received re-subcontracts by setting the period from September 6, 201 to December 24, 2011, as the construction cost of KRW 155,359,820 (including value-added tax) and the period of construction from September 6, 2011.
(3) In performing the instant blasting construction from September 6, 201 to November 18, 2013, the Defendant suspended construction on the ground that the cost of the instant blasting construction was not paid from time to time on November 4, 2013. Meanwhile, the Defendant issued a tax invoice of KRW 46,570,080 in total on eight occasions from October 15, 201 to October 31, 2013 and filed a claim for the cost of the instant blasting construction. 4) In addition, the Defendant received a total of KRW 258,587,00 in relation to the instant blasting construction from December 7, 201 to November 18, 2013 (i.e., the amount of KRW 258,587,000 in total,00 in total, KRW 100 in the amount of the instant blasting construction (i.e., the amount of blasting construction).
(1) On November 26, 2013, the Plaintiff and the Defendant filed an application for provisional seizure of claims with the claim claim amounting to KRW 187,983,080, the amount payable for the blasting construction work of this case until October 31, 2013 ( Daejeon District Court Branch Decision 2013Kahap140), and the foregoing case.