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1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff (former D Co., Ltd.) entered into a subcontract with the Defendant Limited Company (former E Co., Ltd.; hereinafter “Defendant Company”) with respect to the net banking transport of H-repairing construction works in lots outside G G G in Chungcheongnam-gun, Chungcheongnam-gun, for which the Defendant Company contracted from F Co., Ltd. (hereinafter “instant construction works”), on a quantity of 40,020 cubic meters, the unit price per 7,500 cubic meters, the unit price per 7,500 cubic meters, and the price per 40 days after the monthly closing claim (hereinafter “instant contract”).
B. On November 26, 2008, the Plaintiff received a letter of commitment from the Defendant Company to December 2, 2008 that the full amount of the instant construction project paid by the ordering authority and the original contractor by December 31, 2008 (Provided, That the method of payment, in principle, shall be the payment by equipment).
C. On March 11, 2010, Defendant C drafted a written confirmation to the Plaintiff that the Plaintiff shall pay KRW 100,000,000, which was unpaid for the net banking transport cost from October 2008 to December 20, 208, to the Plaintiff as paid from F Co., Ltd., the principal contractor.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, Eul evidence 9, Eul evidence 9, the purport of the whole pleadings
2. The parties' assertion and judgment
A. The Plaintiff’s assertion 1) The Plaintiff is liable to pay KRW 485,625,00 to the Plaintiff for construction cost, since the Plaintiff transported soil and sand within 64,750 cubic meters under the instant contract. The Defendants did not pay KRW 378,976,00,000 to the Plaintiff for the remainder of KRW 100,00,000, out of the construction cost agreed upon by the Plaintiff. Thus, the Defendants are jointly and severally liable to pay the Plaintiff for KRW 100,000,00 and damages for delay thereof. 2) The Defendant Company’s assertion by the Defendants is liable to pay KRW 371,601,000 to the Plaintiff or the Plaintiff for construction cost for 49,548 cubic meters which was finally settled under the instant contract.