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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. On February 23, 2015, the Defendant and C Co., Ltd. (hereinafter “C”) entered into a contract with the executor to contract for construction of a 164,402,546,00 won for a limited partnership D (hereinafter “D”) (hereinafter “F”) and a new apartment (hereinafter “instant apartment”) that is referred to as “F”) to a single unit, such as land E-gu, Nam-gu, Dong-gu, Seoul.
B. The Plaintiff, among the apartment construction of this case, was performing the construction of reinforced concrete (hereinafter “instant reinforced concrete construction”) by entering into a subcontract with D. However, D was unable to perform the instant apartment construction on August 2, 2016, and subcontractors, including the Plaintiff, exercised a lien by occupying the site of the instant apartment construction in order to receive the subcontract price that was not paid from D.
C. On October 17, 2016, the Defendant and the Plaintiff drafted an agreement on direct payment of subcontract consideration and a written waiver of claim for construction work under Section 5,292,50,000, among them, the Plaintiff renounced its claim against D and transferred its rights to the Defendant and C; the remaining amount shall be reduced by receiving direct money from the Defendant and C; the remaining amount shall be included in the acquisition cost of all pits invested in the site; and the amount shall be set at KRW 600,000,000, including the acquisition cost of all pits invested in the site in other accounts separately; and the amount shall be set at KRW 4,804,750,000, stating the purport of “other settlement amount: 4,804,750,000,” and the Plaintiff prepared a written waiver of claim on the same day.
On October 18, 2016, the Plaintiff and the Defendant agreed to the Plaintiff to pay KRW 500,000,000 to the Plaintiff as compensation for losses within the scope of net income in the event that the instant apartment construction project implemented by the Defendant was completed by normalizing the construction of the instant apartment project (determined to August 30, 2018).
E. Defendant and C shall undertake the instant apartment construction.