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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 on the claim for the acquisition of bonds
A. The plaintiff asserts this part of the claim as follows.
(1) The Defendant awarded a contract for the construction of the instant building (hereinafter “instant building”) to Nonparty AB General Construction Co., Ltd. (hereinafter “Nonindicted Company”). Nonparty Company awarded a subcontract to the Plaintiff for the construction of the instant building at KRW 71.5 million during the instant construction, and the Plaintiff completed the subcontracted construction work on March 25, 2014.
(2) However, the non-party company did not pay part of the subcontract price to the Plaintiff, and the non-party company transferred KRW 30,489,800 out of the contract price of the instant construction to the Defendant of the non-party company, and completed the procedure of notification of the transfer.
(3) Therefore, the defendant is liable to pay the above bonds acquisition money to the plaintiff.
B. Therefore, first of all, there is no evidence to acknowledge that the non-party company had a claim against the Defendant regarding the instant construction work at the time of a partial transfer contract, such as the Plaintiff’s assertion.
C. Rather, in full view of the purport of the argument in the statement No. 3, the following facts are revealed: ① the non-party company entered into the instant construction contract with the Defendant on May 28, 2013, and the construction was completed upon completion of the instant building; however, the non-party company directly paid construction costs to the subcontractor and completed the construction; ② the non-party company entered into the instant construction contract with the subcontractor; ② the non-party company entered into construction and defective parts of the instant building; ③ the Defendant was paid damages for the non-party company’s damages equivalent to the expenses for direct payment, non-execution, non-execution, and delayed compensation, etc. against the non-party company.