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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 October 25, 201, C, as the husband of the Defendant, represented by the Defendant, set the period of the Seongbuk-gu Seoul Party E-ground neighborhood living facilities construction work (hereinafter “instant construction work”) on the part of Nonparty D as four months from the commencement date of the construction, and the price shall be KRW 520 million (including value-added tax; later, it has been changed to KRW 530 million). A contract was concluded to pay a total of 50% according to the completion stage of the construction work until the completion date of the new building, and the remainder of 50% shall be paid as a security deposit for the lease of new building.
B. The Defendant paid 2.5 billion won in total to D during the construction process of the instant construction project to D during the construction cost.
C. After the completion of construction, D requested the Defendant to prepare a lease agreement with D itself, the Plaintiff, etc., or other persons having a certain relationship, as lessee, in order to secure the claim for the construction cost that the Defendant is obligated to receive from D after the completion of construction work. D on April 13, 2012, C representing the Defendant: (a) the lessor was the Defendant; (b) the lessee was the Plaintiff; (c) the lessee was the Plaintiff newly constructed building; (d) the lease deposit was KRW 50 million; (c) the lease deposit was from April 30, 2012 to April 30, 2014; and (d) the owner and D set off the lease deposit from the new construction cost (hereinafter referred to as the “instant lease agreement”); and (c) the said lease agreement was drafted and implemented on April 13, 2012, stating that “The owner and D set off the lease deposit from the new construction cost.”
On the other hand, upon D’s request on January 30, 2012, C representing the Defendant: (a) obtained a subcontract for electrical construction among the instant construction works from D on January 30, 2012; and (b) obtained a further subcontract from D on April 13, 2012; and (c) obtained a separate claim against D with regard to the said construction works.