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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 following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings in each entry in Gap evidence 1 to 4, Gap evidence 5-1 and 5-2:
On July 2, 2014, C Construction Co., Ltd. (hereinafter referred to as “C Construction”) entered into a contract with the Defendant to construct a new multi-household house on the land (hereinafter “instant construction”) outside D Special Self-Governing City (hereinafter referred to as “instant construction”) with respect to the construction contract amounting to KRW 1.76 billion (excluding value-added tax) and the construction period from July 5, 2014 to December 30 of the same year.
(hereinafter “instant contract”). (b)
The Defendant, upon entering into a contract period for the instant construction to E Construction, prepared and delivered a letter of performance to G with the delegation from F on July 16, 2014, as follows (hereinafter “instant letter of performance”). The instant letter of performance, after the name of the Defendant and the observer, shall be stamped by each of the following: F’s account number is the F individual account number.
The defendant shall agree to pay 40 million won as follows as penalty for a penalty for the breach of a contract of this case to a third party.
- The following - Cash of KRW 10 million by July 18, 2014, and KRW 30 million by September 18, 2014.
S. B: The drawee: the account number of CConstruction F. C. F. HSC Sc standards bank: G
C. On August 12, 2014, C Construction transferred to the Plaintiff penalty of KRW 40 million on the instant performance letter of performance, and notified the Defendant of the said transfer on August 13, 201.
2. The plaintiff asserted that the plaintiff received penalty of KRW 40,000,000 from CConstruction, and the defendant is obligated to pay the above amount to the plaintiff.
As to this, the defendant is F and is not a C Construction, so it is not a party to the execution letter of this case, and is obligated to pay the penalty to the plaintiff under the execution letter of this case.