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1. Revocation of the first instance judgment.
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On March 16, 2015, the Defendant, as the project owner, entered into a subcontract with Balm Engineering Co., Ltd. (hereinafter “Balm Co., Ltd.”), with respect to the construction work of ethyl C ground D (hereinafter “instant construction work”), and with respect to the construction work of ethyl joints (including additional dues; hereinafter the same shall apply) from the construction period from March 15, 2015 to January 12, 2016.
B. On June 2015, the Plaintiff received a direct payment agreement between the Plaintiff, the Defendant, and the Nonparty Company on September 2015, and received the construction payment from the Defendant, as the Plaintiff, and the Defendant, and the Nonparty Company received a direct payment agreement, from the Non-Party Company on September 2015.
C. Around June 2015, the Plaintiff entered into a subcontract with the Defendant with respect to the White Panel Corporation during the instant construction project (hereinafter “the White Panel Corporation”) at KRW 78,100,000,000.
The non-party company paid a total of KRW 173 million to the Plaintiff as the first construction cost, and the Defendant paid a total of KRW 340 million to the Plaintiff as the first and second construction cost from September 10, 2015 to January 14, 2016.
E. On February 10, 2016, E, a manager at the site of the instant construction site, drafted a wage settlement statement as listed below (hereinafter “instant wage settlement statement”), and F, as the Defendant’s on-site agent, signed the lower part of the instant wage settlement statement.
Pursuant to the 10th 10 foot wage settlement date: February 10, 2016: NA 210,000 unit price for non-monthly monthly wage, 366,860,000 for August 210, 200 4279,670,670, 210,000 for 10,000 454,340, 340, 000 for 05, 210, 300 530, 300, 300, 210, 300, 300, 610, 300, 6105, 610, 108, 2040, 106, 106, 208, 106, 106, 2005, 106, 106, 2005, 10