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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 August 15, 2011, the Defendant concluded a contract with C to have C perform the duties of authorization, permission, appraisal, etc. necessary for the construction of officetels and neighborhood living facilities on the land of Osan City D, E, F, and G (hereinafter “instant project”).
B. After that, on November 21, 2011, the Defendant entered into a contract with H (hereinafter “H”) to take over and implement all the business affairs of the instant case that H had been carried out by H in accordance with the said agreement, and entered into a sales contract with H to sell the said land at KRW 14.5 billion on November 23, 201.
C. On February 13, 2012, the Defendant and H changed the owner of the instant project from the sole name of the Defendant to the H joint name.
On September 1, 2011, the Plaintiff entered into a service contract with H and the Plaintiff to design the interior of the instant officetel at KRW 40 million (hereinafter “instant design service contract”).
The Plaintiff received KRW 4 million out of the above service costs from H, and completed the design in accordance with the above service contract.
E. On December 14, 2011, the Plaintiff entered into a construction contract with H and the Plaintiff to newly construct a model housing unit for the instant officetel in KRW 385 million (hereinafter “instant construction contract”) and delivered the instant construction contract to H after completing the construction work for the model housing unit under the said construction contract.
F. On August 6, 2012, I representing H and the Defendant: (a) transferred all rights related to the implementation of the instant project to the Defendant at KRW 200 million; and (b) the Defendant, while carrying out the instant project, prepared a contract with the following content (a evidence No. 11; hereinafter “instant contract”); and (c) concluded a contract with the Defendant to take over the obligation to H’s collaborative companies, etc. (including the Plaintiff) arising from the implementation of the instant project:
Article 2 (Rights and Duties of Defendant)
2. The defendant shall pay KRW 200 million to H, which is the executor of the above project, for the reorganization of H and persons related to the project.