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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 3, 2015, the Defendant entered into a contract on the construction of the A-ground factory (hereinafter “instant construction”) with the YS Comprehensive Construction Co., Ltd. (hereinafter “Nonindicted Company”) for a contract with the construction cost of KRW 2,950,00,000 (excluding value-added tax) (hereinafter “instant contract”).
B. Around May 8, 2015, Nonparty Company entered into a contract with the Plaintiff to subcontract the steel construction among the instant construction works to the Plaintiff.
[Reasons for Recognition] Unsatisfy, Gap evidence 1, 12, Eul evidence 1, the purport of the whole pleadings
2. Around July 2015, the Plaintiff asserted that the contract was concluded with the Plaintiff for the instant steel structure construction, except for the instant steel structure construction, which is a week between the Nonparty Company and the non-party company. Since the Plaintiff completed the said construction, the Defendant is obligated to pay to the Plaintiff the total construction cost of KRW 111,503,678 (25,785,430, 25,788, 248, 2005, 25, 2005, 25, 2005, 200) and delay damages therefrom.
3. As to whether the contract for the construction of the steel 1 unit directly between the plaintiff and the defendant was concluded, there is no dispute between the parties as to the completion of the construction of the steel 1 unit per week by the plaintiff's procurement of V and paint, but there is insufficient evidence to acknowledge that the construction contract for the steel 1 unit between the plaintiff and the defendant was concluded between the plaintiff and the defendant on the sole basis of the entries in Gap's evidence Nos. 2 through 13, and witness Eul's testimony, and there is no other evidence to acknowledge otherwise. Rather, in full view of evidence Nos. 1, 3-1, 2, 4, 5, 6, 7-1, 2, 3, 3-1, 2, 3-2, and 8-1, 3-2, and 3-1, and witness's testimony, the defendant directly purchased steel 1 unit in the process of delaying the construction of the steel 1 unit and provided it to the plaintiff.