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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Determination as to the cause of claim
A. The gist of the Plaintiff’s assertion was that the Defendant contracted the construction of the “C” construction on the ground B in Ulsan-gun, Ulsan-gun, Ulsan-gun (hereinafter “instant construction”). However, the Defendant subcontracted part of the said construction to E, a subcontractor, who is a subcontractor of the trade name D.
The Plaintiff completed the construction work by being awarded a contract for the creative, glass, and miscellaneous portion of the said construction work from E, but the Plaintiff failed to receive KRW 60 million of the construction work price from E, thereby resisting the Defendant, who was the contractor, and therefore, prepared a payment confirmation form (A 3) to the effect that the Defendant would be in direct payment.
Accordingly, the defendant is demanding the payment of the amount stated in the purport of the claim.
B. The payment confirmation (A) as shown in the Plaintiff’s assertion is insufficient to acknowledge the Plaintiff’s above assertion that the Defendant would be in direct payment as a contractor in light of the witness F’s testimony, and there is no other evidence to acknowledge it as otherwise, since there is no evidence to prove the authenticity of the document(A3). (The Defendant’s seal affixed on the above payment confirmation appears to be different from the Defendant’s seal impression (2-1, 2-2). No evidence exists that F, who prepared the above payment confirmation, is an employee of the Defendant or delegated by the Defendant with the authority to prepare the said payment confirmation).
2. The plaintiff's claim is dismissed.