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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On May 17, 2010, the Plaintiff entered into a subcontract with B (hereinafter “Nonindicted Company”) under which the Plaintiff agreed to accept the subcontract (hereinafter “instant subcontract”) by setting the contract period from May 17, 2010 to June 25, 2010 as the contract amount of KRW 110 million (including additional tax) among the C Video S/W production and installation works ordered by LibyC Co., Ltd. (hereinafter “C”).
B. Since June 25, 2010, the Plaintiff completed the production of the said three-dimensional image, but failed to receive from the Nonparty Company the payment of KRW 30 million on July 16, 2010, KRW 10 million on September 6, 2010, KRW 12 million on November 24, 2010, and KRW 55 million on the remainder of the subcontract consideration (=10 million - KRW 33,000,000 - KRW 10,000,000 - KRW 12,000,000,000).
[Grounds for recognition] The descriptions of Gap evidence Nos. 1 to 3 and 5, and the purport of the whole pleadings
2. Determination
A. Although the Plaintiff, as an actual operator of the non-party company, was obligated to pay the down payment under the instant subcontract, the Plaintiff intentionally discontinued the non-party company with a view to evading the Plaintiff’s obligation to pay the down payment even after receiving a reasonable amount of the construction cost from the prime contractor. Accordingly, the Plaintiff suffered damages not being reimbursed for the remainder of the subcontract price. Accordingly, the Plaintiff sought compensation for damages from the Defendant.
B. On the other hand, the Plaintiff concluded the instant subcontract with the Nonparty Company and completed the production of a three-dimensional image, but failed to receive KRW 55 million in the subcontract price. According to the evidence No. 4, it is recognized that the Nonparty Company discontinued its business on May 15, 201, but the Defendant, as the operator of the Nonparty Company, intentionally, evaded the Plaintiff’s obligation by intentionally closing its business.