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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 November 17, 2014, the Plaintiff entered into a design contract (hereinafter “instant design contract”) with E, a company (hereinafter “E”) which is the executor of the business that newly constructs “D hotel” (hereinafter “D hotel”) located in Gangwon-gun, Gangwon-do, for a contract with E, for the design service of the hotel room and the section for common use in the instant case, the Plaintiff was awarded a contract with E for the price of KRW 275 million (including value-added tax) and divided it into the planning design, the basic design, and the shop design and divided it into two parts, and then deliver the completed drawings and the books each phase (hereinafter “instant design contract”).
B. On September 23, 2015, the Plaintiff performed all the obligations under the instant design contract, and E is paid only 110 million won as service price, and the remainder of 165 million won is still not paid.
C. On October 28, 2014, E entered into a sale management trust agreement with the Defendant, a lessee as the first beneficiary. On October 30, 2014, upon changing the first beneficiary of the above sale management trust agreement, E entered into a contract to change the sale management trust agreement with the common first beneficiary as G association, etc., and entered into a business agreement and an agency contract with the Defendant, F, and Si Corporation H Co., Ltd.
On April 29, 2015, the Si Corporation changed to I, and entered into a contract for change of sale management trust, business agreement, and agency business change with I, and around July 2015, the 16 KK Association, including J. 16 KF, which is a financial institution loaning intermediate payment, added to the first priority beneficiary, changed to a contract for change of sale management trust, business agreement, and agency business change contract. On March 30, 2018, the Plaintiff, the Defendant, the 16 KF, the financial institution loaning intermediate payment, and L. (F.) which are a lender, finally concluded a contract for change of business agreement and agency business change with the Plaintiff, the 16 KF, the 16 KFF
In this case, "the above business agreement, the agency contract, and the modification contract."