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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. From May 31, 2013 to September 26, 2013, the Plaintiff supplied solar construction (hereinafter referred to as “building construction”) necessary for the said construction site to the Defendant, a contractor for the New Airport and Housing Corporation (the Korea Land and Housing Corporation), who contracted part of the construction work from the Defendant, a contractor for the New Airport and Housing Corporation (hereinafter referred to as the “Korea Land and Housing Corporation”).
B. The amount which is currently unpaid is KRW 135,867,548.
[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 2-1, Eul evidence 1-1, Eul evidence 1-7, the purport of the whole pleadings
2. The assertion and judgment
A. The Plaintiff’s assertion 1) The Defendant agreed to pay the unpaid amount of KRW 153,867,548 to the Plaintiff in five installments until it was not paid for the materials supplied by the Plaintiff. ① The Defendant is obligated to pay the remainder of KRW 18,000 on January 18, 2014, ② the amount of KRW 30,000 on February 30, 2014, ③ the amount of KRW 35,000,000 on March 35, 2014, ④ the amount of KRW 35,867,548 won on May 35, 2014, and ⑤ the amount of KRW 18,000 on May 35, 2014, and the Defendant did not pay the remainder to the Plaintiff.
B. Comprehensively taking account of the overall purport of the pleadings as indicated in evidence Nos. 1, 3, and 5-2, the Korea Land and Housing Corporation shall receive a civil petition related to the Plaintiff’s delayed payment and urge the Defendant, the contractor, to pay the material cost within a reasonable time limit. On January 8, 2014, the Defendant’s on-site agent C prepared a schedule for installment payments of KRW 153,867,548 (18,000,000,000, KRW 35,000,000,000,000, KRW 35,000,000,000, KRW 35,000 on March 35, 2014, KRW 35,000,000 on April 35, 2014, KRW 867,548,204,000 on the construction schedule and KRW 140,014 on the construction schedule submitted by the Defendant to the Plaintiff.