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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. The Plaintiff, while operating D, supplied stone materials at the Defendant’s construction site from around 2004 to around 2012, including E hotel, F hotel, and G hotel, and the Defendant Company H (hereinafter “H”).
(2) On November 25, 2016, the Plaintiff obtained the name permit from the Seoul Southern District Court to A from the Seoul Southern District Court on November 25, 2016, and reported its name to the Geumcheon-gu Seoul District Office on December 8, 2016.
B. The Plaintiff and the Defendant entered into the instant trade agreement 1) The Defendant, in the course of operating H, assumed the subcontractor, including the Plaintiff, with the obligation of subcontract price and material price, etc., and made it difficult to register the business under the Defendant’s name. Around November 2013, the Plaintiff and the Plaintiff agreed to operate the instant trade association with D with the Plaintiff’s name (hereinafter “instant trade agreement”).
2) The main contents of the instant agreement are as follows: (a) the Plaintiff and the Defendant shared their roles at each construction site and carried out construction; (b) the Plaintiff and the Defendant brought about KRW 8 million per month’s own living expenses; and (c) the remaining profits after completing the construction are to be distributed after completing the construction.
3) Accordingly, with respect to “J hotel” in the name of D operated by the Plaintiff, the Plaintiff and the Defendant: (a) determined that: (b) from December 3, 2013 to April 10, 2014; (c) from December 3, 2013, the construction cost of the 990,000,000 or less for the 5th and lower stories; and (d) from December 10, 2013 to March 20, 2014 during the construction period; (b) the construction cost of the 199,000,000 or less for the 6th and lower stories for the 199,00,000,000 for the construction cost; and (d) the period from January 3, 2014 to April 10, 2014 to the period from March 35, 200, 200 to April 10, 2014.
(4) In addition, the Plaintiff and the Defendant paid the construction cost of “M hotel” in the name of D on January 16, 2014.