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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The Plaintiff asserted that the Plaintiff supplied materials, etc. necessary for electrical construction from the end of March 2016 or from the end of April 2016 to the end of August 2016 to the site of electrical construction of Sejong City B and C block, which the Defendant performed, to the end of August 25, 2016. The amount of goods that the Defendant did not pay by August 25, 2016 is KRW 146,65,128.
The defendant is liable to pay the price of the above goods and damages for delay to the plaintiff.
2. Determination as to the cause of action
A. The Defendant’s construction work, on May 3, 2016, with the following content as the gold industry (hereinafter “instant construction work”)
A) A subcontract was concluded. Construction name: DPT telecommunications construction site (B block): From May 4, 2016 to April 2, 2018: Contract price: 2,016,518,240 won: DPT construction site: The contract price from May 4, 2016 to February 2, 2018: 1,728,380,160 won) the Defendant concluded a subcontract with E Co., Ltd. on May 4, 2016.
3) From April 2016, the Plaintiff supplied the goods of electrical construction products, etc. to the above construction site. At the time, the site manager at the construction site was F, and the subordinate employees G ordered the Plaintiff via e-mail to order materials, etc. under the title “C and B A material order.” While F and G used the name “A site manager,” F were employees of E Co., Ltd., but they were employees of E; on the other hand, the Defendant and E Co., Ltd. decided to cancel the said construction subcontract on September 20, 2016; the settlement amount of KRW 714,845,020 (including value-added tax 19,845,020) was paid to E.
5) After September 21, 2016, the Defendant entered into a subcontract on the main electricity company and the instant construction company on September 21, 2016. 6) The Plaintiff claimed the Defendant for the same amount of goods as stated in the cause of the claim, and the Vice Minister of Construction Industry Team H of the Defendant.