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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. 1) The Plaintiff is a limited company established under the Asset-Backed Securitization Act for the purpose of taking over and transferring claims, security rights, and other property rights (asset-backed assets). The Defendant is a company that aims at building, civil engineering construction business, etc. (2) A Co., Ltd. (hereinafter “A”) is a company that aims at manufacturing steel structures, etc., and B is a representative director of A.
B. B’s claim for the construction cost against the Defendant 1) The Defendant agreed to pay the construction cost to B within one month after completion of the construction contract for the instant construction work (hereinafter “the instant construction work”). The Defendant entered into an agreement on March 25, 2010 for the construction cost of the said construction to be paid within 200 million won (hereinafter “the construction cost of the instant construction work”) within the period of 200 million won from March 25, 2010 to July 31, 2010 (hereinafter “the increase in the construction cost of KRW 1.34 billion”), and the construction cost of the instant construction work to be paid within the period of 200 billion from March 25, 2010 to December 31, 2010 (hereinafter “the construction cost of the instant construction work”) within the period of 201 billion won (hereinafter “the construction cost of the instant construction work”). The Defendant shall be paid within the period of 200 billion won to Hyundai 200 million won (hereinafter “the construction cost of the instant construction work”).
After that, Hyundai Hostst entered into a contract with B on December 31, 2010 for the construction cost of 313,921,300 won and the construction period of 313,921,30 won and the construction period of 31, 2010. The construction of cater was completed on December 31, 2010.
C. The Plaintiff’s claim 1) Han Bank Co., Ltd. (hereinafter “ Han Bank”)
A From February 26, 2010 to January 31, 201.