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The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
Reasons
1. Basic facts
A. The Plaintiff is a company established on May 10, 199 and operated an engineering work business, housing construction business, etc., with the trade name of C from June 16, 2017.
B. On August 1, 2018, the Defendant entered into a contract with Nonparty D and 11 (hereinafter “D”) for the construction of the E-family housing and officetels in Seongbuk-si (hereinafter “instant new construction”). On August 1, 2018, the Defendant agreed to directly receive the instant subcontract price from the FF Co., Ltd. (hereinafter “F”) which entered into a land trust contract with D, with the Plaintiff, for the construction cost of the interior and finishing construction (hereinafter “instant subcontracted”) during the instant construction period (including value-added tax), and for the construction period from August 1, 2018 to October 31, 2018 and 1/1,000 for liquidated damages (hereinafter “instant subcontract”).
C. From September 12, 2018 to December 14, 2018, F paid to the Plaintiff KRW 375,000,000 in total as the construction cost of the instant subcontract over four occasions.
Around December 2018, between the Plaintiff and the Defendant, a letter of undertaking to pay the payment of the construction cost (hereinafter “instant letter of undertaking to pay the construction cost”) with the following content, and the end of the said letter of undertaking to pay the construction cost is indicated by the name of the representative director of the Defendant, the Defendant’s seal was affixed on the name following that, and the seal was affixed.
We (the defendant; hereinafter the same shall apply) of the letter of undertaking to pay the instant amount refers to a cooperative consisting of not less than D and 11 persons, a sectional owner of an I-affiliated Housing, located in Sungnam-si, A-si, A-si, A-si, A-si, A-si, A-si, A-si, A-si, A-si, a project implementer, with respect to the interior works under a subcontract with the Plaintiff with respect to the instant new construction works.
the amount lent to H and G and the benefits and partner companies paid to H and G J, K, and.