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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Summary of the plaintiff's assertion
A. A. Around January 2010, the Plaintiff became aware of the Defendant’s actual representative C and management directors D, and began transactions with C. Since C, the Plaintiff leased a license from a comprehensive construction company and performed the construction. From 2010 to July 2014, the Plaintiff was performing construction by receiving 26 subcontractings from C.
The outstanding amount that the Plaintiff had not received during the above period was 274,181,901 won (the evidence No. 1 submitted to the previous evidence No. 1 was replaced by the evidence submitted by the Plaintiff on April 6, 2018. The total amount of KRW 153,845,544, and KRW 120,336,357 as stated in the intermediate part).
B. C took over the Defendant around July 8, 2014, and followed up the acquisition of the Defendant as the representative director, and performed approximately twenty construction works by entering into a subcontract with the Plaintiff until November 2016.
C. Around November 7, 2016, the Plaintiff arranged the accrued construction cost with D as KRW 207,751,350,00. The specific settlement details were 642,637,708,08, including the outstanding amount of KRW 274,181,901 up to July 2014, and the construction cost incurred after C acquired by the Defendant (i.e., KRW 274,181,901, KRW 368,460,00, which the Plaintiff received by acquiring the Defendant’s claim, to deduct KRW 434,177,708 (= KRW 642,637,708, KRW 434,460,00). The specific settlement details were excluding the aforementioned KRW 368,45,7785,785,705,740,000 upon D’s request (=).
After the settlement of accounts, the Plaintiff received KRW 9,090,90 on January 25, 2017, and the construction cost was KRW 5,000,00 due to additional construction around February 24, 2017 (excluding value-added tax on this portion due to the issuance of tax invoices). Accordingly, the final payment of the construction cost that the Defendant has to pay is KRW 203,660,41 (=207,751,350 - KRW 9,090,909).
2. Determination
(a) The following facts of recognition do not conflict between the Parties, or are written in Gap evidence 1 to 4, Eul evidence 3 to 5, and witness D's testimony.