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1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On May 12, 2014, Defendant B Co., Ltd. (hereinafter “Defendant Company”) subcontracted 564,000,000 construction cost of the 6 new construction of the 11st unit of housing located in the Gyeongbuk-gun, North Korea, to E, and subcontracted 72,750,700,700 won of the construction cost of the 11st unit of housing located in the same year on October 13, 2014.
(hereinafter referred to as “instant construction” in combination with the subcontracted construction works
E, on November 12, 2014, decided to waive the rights to the remaining works while settling the accounts of the price of the new works up to 360,000,000 won between the Defendant Company and the previous works.
C. E, while giving up the instant construction, requested the Defendant Company to pay 334,854,00 won directly to the Customer E in total, including wage, equipment, material, food, etc., KRW 223,90,00, KRW 59,954,000, KRW 500, and KRW 51,000,000, out of the price of the instant construction work, and the Defendant Company consented thereto.
E On January 13, 2015, the Daegu District Court rendered a lawsuit against the Defendant Company seeking the payment of construction cost of KRW 42,446,00,00 among the instant construction cost, asserting that the Defendant Company was not paid KRW 42,46,00. The above court dismissed the Defendant Company’s claim for the payment of construction cost of KRW 360,000 between E and E on August 10, 2016, and the Defendant Company did not pay KRW 42,46,00 among them. However, although construction cost of KRW 66,46,00,00 was paid for the removal construction work of the instant construction cost due to the negligence in the construction of the instant construction cost, it became final and conclusive around that time, on the grounds that “the construction cost of the aforementioned removal construction cost of KRW 66,00,000 is not deducted from the unpaid construction cost of KRW 66,00,000.”
E. On March 24, 2015, the Defendant Company entered into a sales contract with Defendant C with respect to one-half shares of 6600 square meters of land (hereinafter “instant real estate”) among the 6600 square meters of forests and fields D forest in Chungcheongnam-gun, Chungcheongnam-do (hereinafter “instant real estate”), and on the same day.