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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. A medical corporation, Changwon Medical Foundation (hereinafter “ Changwon Medical Foundation”), entered into a contract on the new construction of Changwon Medical Hospital for the Aged, which entered into a contract with Yongsung Co., Ltd., and Yongsung Co., Ltd., during the foregoing construction, subcontracted the interior work to the Defendant during the foregoing construction. The Defendant re-subcontracted the construction work of the household during the subcontracted construction work to EM design (hereinafter “FM design”), and the EF re-subcontract re-subcontract re-subcontracted part of the construction work to the PM design of the corporation (hereinafter “Onboard design”).
On the other hand, the Creative Medical Foundation entered into a contract on some furnitures with the IM design, separate from the contract agreement entered into with the KFS Co., Ltd. in connection with the above construction project.
B. On April 15, 2016, the Plaintiff agreed to receive 70,625,000 won (excluding value-added tax), the construction period from April 15, 2016 to April 25, 2016, and the payment terms of the price were 70% of the construction price on April 15, 2016, and the remainder 30% of the construction price on May 30, 2016.
(hereinafter referred to as “instant sub-subcontract”). (c)
On May 4, 2016, the Plaintiff prepared an agreement on direct payment of construction cost, which includes the following matters, with the Defendant regarding the instant construction project:
(hereinafter referred to as the “Agreement on Direct Payment”) . 1) The balance of the household construction cost of KRW 21 million [the total construction cost of KRW 86,279,50 arising between the Plaintiff and the mobile design (i.e., the agreed construction cost of KRW 82,087,500 plus KRW 4,192,00) minus the amount of KRW 64,762,50 paid by the mobile design from the agreed construction cost of KRW 82,00,500 (i.e., the remaining amount of KRW 86,279,500 - KRW 64,762,500)] is adjusted to 21,100,000 won by 21,000 won.