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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The Plaintiff’s assertion that around July 27, 2012, the Plaintiff received a subcontract for the electrical construction of the factory construction of C Co., Ltd. (hereinafter “C”) located in Sungsung-si Co., Ltd. (hereinafter “C”) from the non-party comprehensive construction company with a contract from the Defendant (hereinafter “the instant construction company”).
However, as the plaintiff's electrical construction was suspended due to the failure to pay the construction cost to the plaintiff, it agreed that the defendant will continue to proceed with the electrical construction and pay the construction cost to the plaintiff.
Accordingly, the Plaintiff completed electrical construction on January 2013, and issued a tax invoice to the Defendant.
However, the 37,125,00 won of the above electrical construction price (including value-added tax) was paid only 5,000,000 won, and the remaining 32,125,000 won was not paid. Thus, the Defendant is obligated to pay the Plaintiff the construction price of 32,125,000 won and damages for delay.
Meanwhile, as a company closed on August 31, 201 and cannot pay the price to the Plaintiff due to bankruptcy, the Defendant is obligated to directly pay the instant subcontract price corresponding to the part executed by the Plaintiff pursuant to Article 14(1) of the Fair Transactions in Subcontracting Act. If the Defendant and Samsososo comprehensive construction is a joint contractor, it has the nature of a partnership under the Civil Act as a joint contractor, and the above subcontract price liability against the Plaintiff is borne by the act of commercial activity for all members. Therefore, pursuant to Article 57(1) of the Commercial Act, the Defendant is jointly and severally liable to pay the instant subcontract price to the Plaintiff.
Furthermore, at the time of concluding the construction contract with C, the Defendant lent the Defendant’s name to the Samso comprehensive Construction at the time of concluding the construction contract with C.