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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
Basic Facts
A. On October 27, 201, the Plaintiff concluded a subcontract agreement for construction works (Evidence 9-1 through 4) with a corporation established mainly for machinery, equipment, gas and electricity business, etc., and with a stock company B (hereinafter “B”) for “facilities works among the construction works of officetels” during the contract period of KRW 660,000,000 and the construction period from October 27, 201 to September 30, 2012.
B. On January 31, 201, the Defendant and D completed the registration of ownership transfer with respect to each of 1/2 shares out of the area of 570.2 square meters in Suwon-gu, Busan (hereinafter “instant land”). On August 6, 2012, the Defendant and D completed the registration of ownership transfer with respect to each of 1/2 shares of the instant land Ctel No. 1 and 702 on August 6, 2012.
C. In the standard contract for construction works made under the name of the Plaintiff and the Defendant (hereinafter “instant contract”) the Defendant stated that the Defendant, as the contractor, set the construction cost of fire-fighting installation works from among the construction works of the Busan Young-gu Ethy Office (hereinafter “instant contract”), from October 27, 201 to September 27, 2012, as the contractor, to the Plaintiff.
[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, 2, 3, and 9 (each number is included; hereinafter the same shall apply), each of the parties to the whole pleadings
A. Plaintiff’s assertion 1) The Plaintiff received a subcontract for the construction work among the new construction work of the instant land building from B, and completed the construction work in the name of F, a management director of the instant land, and prepared the instant contract in the name of F, under the name of the Defendant. Therefore, the Defendant is liable for the payment of the construction cost to the Plaintiff in accordance with the legal doctrine of representation or representation as a contractor under the instant contract. (2) The Defendant, as the owner of the instant new construction work of the instant land building, is the owner of the instant land building, is liable for the payment of the construction cost to B, and thus, it is claimed in subrogation of B