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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. The Debtor Rehabilitation and Construction Co., Ltd. (hereinafter “Sula Construction”) awarded a contract for the main facilities construction (2012-2006) ordered by the National Armed Forces Finance Management Agency, and subcontracted information and communications construction works (hereinafter “instant telecommunications construction”) among the above construction works to the project cost of KRW 4,873,00,000 (including additional tax) on July 26, 2013 to the project cost of KRW 4,873,00,000 (hereinafter “instant telecommunications construction”) and the project period from July 26, 2013 to March 22, 2014.
Ulsan Construction opened an account (47401-01-19569, hereinafter referred to as the “joint account”) in the National Bank under the joint name of the project committee and the National Bank to receive the instant telecommunications construction cost from the National Armed Forces Finance Management Board.
B. On August 1, 2013, Surcom drafted a written agreement containing the content that the Defendant and the instant telecommunications construction shall in fact be the Defendant, but the name of sewage shall be the Administrationcom, and on August 1, 2013, the Nurcom shall pay KRW 4,629,350,00 (including additional tax, and the application of the said construction cost by 95%) to the Defendant.
On the other hand, the Defendant re-subcontracted the instant telecommunications construction to D (mutual E, hereinafter “E”) for convenience.
At the time, F was an employee of the defendant in charge of the overall work of the Communications Corporation.
C. On December 24, 2013, the Defendant: (a) supplied network equipment (scco equipment; hereinafter “scco equipment”) for the instant telecommunications construction to KRW 1,098,975,900; and (b) entered into a contract with the Defendant to pay the remainder in cash within 30 days after inspection of equipment.
Ulsan Construction and Purscom agree to directly pay the relevant subcontract price (98,975,900 won) in connection with the supply and installation of network facilities in operation by the Ophnet.
Ulsan Construction is more than the subcontract price that is to be paid to the Commission.