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1. The plaintiff's claim is dismissed.
2. The costs of the lawsuit, including costs incurred by participation, are all assessed against the Plaintiff.
Reasons
1. Basic facts
A. The Defendant is a company that carries out the F General Industrial Complex Development Project (hereinafter referred to as the “instant project”). The Defendant’s Intervenor’s Intervenor (hereinafter referred to as the “ Intervenor”) is a company that aims at the engineering work, etc., and the Plaintiff is a company that aims at the heavy equipment leasing business, etc., and is asserting that part of the site rearrangement work for the instant project was awarded by the Defendant.
B. As between the Intervenor and the Intervenor on November 1, 2016, the Defendant concluded the instant construction contract with regard to the construction project site rearrangement work for the industrialization Dri, E, and the instant site rearrangement work for the instant project (hereinafter “instant project site”; and with respect to the site rearrangement work for the instant project site, the contract amount of KRW 300 million (excluding value-added tax) and the contract period of the construction project between November 1, 2016 and July 10, 2017.
(C) The instant construction project was completed on July 2017, and the Defendant paid 3.3 million won (including value-added tax) to the intervenors under the instant construction contract on September 28, 2017. [The facts that there is no dispute over the grounds for recognition, entry in the evidence Nos. 1 through 3, and the purport of the entire pleadings.]
2. The parties' assertion
A. The Plaintiff asserted that the construction work of this case was completed on January 2017, because the Plaintiff was awarded a contract with the Defendant for the basic work cost of KRW 2,30,000,000, such as removal of obstacles, swimminging, and molding of the instant construction work.
An intervenor was awarded a contract for civil engineering works for the creation of a site for a main industrial complex after the plaintiff's basic work.
Therefore, the Defendant is obliged to pay the Plaintiff the construction cost of KRW 230 million and the damages for delay.
B. The defendant's assertion that the contract for the construction of this case was concluded with the intervenor, and there was no conclusion of any construction contract with the plaintiff.
C. The Intervenor’s assertion.