Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. The Plaintiff is a company established on July 8, 2014 for the purpose of producing and selling C by using livestock excreta, and the Defendant is a major company for civil engineering and construction.
It is a company that engages in business.
B. On October 15, 2014, the Plaintiff entered into a contract for the instant construction work (hereinafter “instant construction work”) with the Defendant and Kim Jong-si, for the construction work for the construction of a C power plant (hereinafter “instant power plant”) on the ground of a total of 4,129 square meters of land outside D and six parcels (hereinafter “instant land”). On February 28, 2015, the Plaintiff entered into a contract for the construction work with the Defendant and Kim Jong-si as the contract amount of KRW 1.4 billion (excluding value-added tax) on the completion period.
On February 16, 2015, the Plaintiff and the Defendant entered into a contract by changing the completion date from February 28, 2015 to April 30, 2015. On April 23, 2015, the Plaintiff and the Defendant entered into a contract by changing the completion date to August 16, 2015 (hereinafter “instant contract”).
C. A change in the payment method of the instant construction cost and the content of the work agreement prepared by the Plaintiff and the Defendant on October 15, 2014, as the first contract was concluded, are as follows.
Written Business Agreement
1. National Bank- A loan of 3 billion won (60 million won x 5 times) - Construction Company's responsible construction, payment in 30% fair payment - German registry of facilities (verification with a certificate related to the export of the head office of Germany issued);
3. Project operator and investor - 80 million won loan loan (discriminatory at the time of loan of KRW 3 billion): Line construction cost, business trip of the head office of Germany, facility and maintenance and repair order cost, customs clearance and stay cost, supervision cost, operating expenses, etc. - The first: 200 million won (financial confirmation after the contract is concluded and at the time of confirmation of business trip in Germany) - the second: 30 million won (the time of delivery and approval of export-related certificate after the completion of the shipment of the facility) - the third: 30 million (the time of arrival of Korea): - the construction cost at the time of the completion of the shipment of the facility - the amount calculated by subtracting the contract construction cost (three billion won for presentation of the bank) from the tax settlement
On October 16, 2014, the Defendant lent KRW 200 million to the Plaintiff as stated in paragraph (3) of the above Business Agreement, and thereafter additionally lent 200 million to the Plaintiff.