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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. The Plaintiff is a person engaged in the temporary material leasing business under the trade name of “C,” and the Defendant is a corporation with the purpose of the construction business, etc.
And D is a corporation with the purpose of reinforced concrete construction business.
B. On August 15, 2014, the Plaintiff entered into a temporary re-lease agreement on reinforced concrete construction works (hereinafter “instant lease agreement”) among the E-built construction works ordered by the Defendant from the Cheongnam-do Development Corporation (hereinafter “D”).
C. On September 10, 2014, D stated the contract amount of KRW 1,148,40,00,000 for the instant construction project between the Defendant and the Defendant, as of September 11, 2014, as of September 11, 2014, as of completion of construction work, and March 30, 2015 (the completion date in subparagraph 1 appears to be March 30, 2014; however, considering the commencement date of construction work, D’ below the subcontract contract of this case, which is defined as “the subcontract contract of this case”, as of March 30, 2015.
D. D.
D continued the instant construction until February 2015, and the Defendant paid D KRW 863,439,090 in total, from October 30, 2014 to January 2015, which occurred from January 30, 2015.
In addition, according to D’s direct non-performance agreement, the Defendant directly received KRW 4,290,00,00 in total, from 102,652,070 in total, from 16 March 16, 2015, 3,635,660 in total, and 6,794,310 in total, and 310 in labor costs to K in the field manager and 8 other than L, respectively, on March 20, 2015, for each of the relevant persons who receive labor costs of KRW 102,652,070 in total, for 33 other persons.
E. Since February 2015, the instant construction work that D had been supplied with temporary materials by the Plaintiff began to be suspended from February 2, 2015, the Defendant and D are terminated by the instant subcontract.