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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The following facts do not conflict between the parties, or can be acknowledged in light of the following facts: Gap evidence 1-1-5, Gap evidence 2-1-3, Gap evidence 3-1-3, Gap evidence 4-1-2, Gap evidence 5-1-4, Gap evidence 6-2, Gap evidence 7-2 through 14, Gap evidence 13-1, 2, Eul evidence 14, Eul evidence 6-3 video, witness Eul evidence 6-3, Eul evidence 14-2, and the whole purport of the pleadings, and there is no counter-proof evidence.
On July 9, 2012, the Plaintiff was awarded a contract with the Non-Party Korea Land and Housing Corporation (hereinafter “Non-Party Korea Land and Housing Corporation”) for the renovation and repair works for the D Apartment Section (hereinafter “instant prime contract”) until October 30, 2012 from the completion date. The construction period of the instant prime contract was October 30, 2012 as of the completion date, but multiple times were changed on December 30, 2013 to the end from July 13, 2013 to April 30, 2014.
B. On November 1, 2013, the Plaintiff entered into a subcontract with the Defendant for the subcontracting period (hereinafter “instant subcontract”) by setting the following period from November 1, 2013 to December 20, 2013: (a) painting construction work on the front and rear B of D apartment AB; (b) datviing construction on the side of AB consent; and (c) 73,200,000 won for construction cost (excluding value-added tax); and (d) the construction period from November 1, 2013 to December 20, 2013.
C. The Defendant completed construction under the instant subcontract. On January 29, 2014, the Plaintiff paid KRW 43,000,000 to the Defendant respectively, and KRW 37,520,000 in total, and KRW 80,520,000 in total, on July 24, 2014.
D apartment management office (hereinafter “instant apartment”) requested the Non-Party Corporation to repair the defects of the original contract construction of this case on August 22, 2014, and on October 8, 2014, the Plaintiff requested the repair of the defects of each original contract construction of this case.
E. On July 6, 2015, Nonparty Corporation urged the Plaintiff to repair the defects of the original contract of this case, and the Plaintiff is the original contract of this case to Nonparty E.