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1. The plaintiff's lawsuit against defendant Il Il Construction Corporation shall be dismissed.
2. Defendant A is the Plaintiff on 29,628.
Reasons
1. Basic facts
A. around August 2013, Defendant Il Construction Co., Ltd. (hereinafter “Defendant Company”) was awarded a contract with Defendant A for the structural part of the structural part of the structural part of the structural part of the structural part of the structural part of the construction of the building of the building of the child-care center on the land outside B in Asan City (hereinafter “instant construction”) in the amount of KRW 720,00,000 (Additional Tax Table).
B. On September 27, 2013, the Plaintiff entered into a contract between the Defendant Company and the Plaintiff to be supplied by the Defendant Company with the amount of KRW 65,880 per unit price to be used at the instant construction site (hereinafter “instant contract”) with the Plaintiff, and the Defendant A jointly and severally guaranteed the Defendant Company’s obligation to pay the amount of ready-mixeds to the Plaintiff.
C. The Plaintiff supplied ready-mixed pursuant to the instant contract, and the price is KRW 124,446,960.
On January 23, 2004, the Plaintiff agreed to receive from the Defendant Company the amount equivalent to the remainder claim of the construction cost of the Defendant Company A, which is KRW 54,628,00,000, out of the remainder claim of the construction cost of the Defendant Company A, and directly claim against the Defendant A for the remainder claim of the construction cost of KRW 122,200,000.
E. After that, the Plaintiff received part of the amount paid from Defendant A around April 2, 2014, and the remaining amount payable is KRW 29,628,960.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1 and 2 (including additional evidence) and the purport of the whole pleadings
2. Determination on the main safety defense of the Defendant Company
A. The Defendant Company asserted that the Plaintiff made an agreement with the Defendant Company by specifying that “3. and thereafter, the State shall not make any objection against the claim for re-claim and civil, criminal charges against the Japanese Comprehensive Construction Company” in the letter of delegation of the construction cost prepared by the Plaintiff in the course of performing the assignment contract with the Defendant Company, and therefore, the Defendant Company asserted that the instant lawsuit is unlawful as it violates the Non-Lawsuit Agreement.
As to this, the plaintiff is entrusted with the construction cost.