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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 October 13, 2015, the Plaintiff entered into an individual contract for manufacturing consignment of the machinery industry (a contract with the Plaintiff to install at the site after manufacturing physical distribution equipment; hereinafter “instant contract”) with the Defendant regarding physical distribution equipment for the business of expanding the Metototoa factory automatically with the Defendant, as follows:
1) Contract name: 2) Contract amount of 935,00,000 won (excluding value-added tax) contract period: From October 13, 2015 to July 30, 2016: advance payment (4) (40%) (40%) 374,00,000 won for advance payment (40%) (40%) within 15 days from the date of receipt by the ordering person.
B) The first intermediate payment (20%) KRW 187,00,000 shall be paid in cash within 60 days from the tallying date or within 15 days from the tallying date; (c) the second intermediate payment (20%) KRW 187,000,000 shall be paid in cash within 60 days from the tallying date or within 15 days from the tallying date if the payment was made in cash or received from the ordering person; (d) the remainder (20%) (20%) shall be paid in cash within 60 days from the tallying date or within 15 days from the receiving from the ordering person. (b) The Plaintiff suspended construction work on or around November 2015 under the instant contract, but was suspended on or around March 2016 due to the company’s circumstances.
C) Through the completion of the construction work, the Defendant paid the Plaintiff KRW 561,00,000 in total, including advance payment of KRW 374,000,000, and KRW 187,000 in the first intermediate payment of KRW 187,00,000. [Grounds for recognition] Facts without dispute, Gap’s evidence Nos. 1, 2, and Eul’s evidence Nos. 1 through 5 (including household numbers) (including household numbers)
2. Determination as to the cause of action
A. The Plaintiff asserted that the construction work was not paid KRW 100,000,000, out of the construction cost, after the construction work was undertaken under the instant contract.