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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 August 8, 2011, the Plaintiff prepared a construction contract stating that “The Plaintiff will accept part of the above construction work from the C&C Co., Ltd. to the price of KRW 123,200,000 (including value-added tax)” (the construction contract entered into under the construction contract is referred to as “the instant construction contract”) and completed the construction work.
B. From August 9, 2011 to May 31, 2012, C&C Co. paid KRW 56,000,000 in total to the Plaintiff.
【Ground of recognition】 The fact that there has been no dispute, entry of Gap's 1 through 4, the purport of whole pleadings
2. Determination as to the cause of action
A. The plaintiff's assertion that the construction work of this case was ordered to be executed under the name of Sti Si on the ground that there is no license related to the construction work and the credit is good, and the construction work of this case was partially subcontracted to the plaintiff. However, since the subcontractor in the construction contract was merely in the name of Sti City Co., Ltd., the subcontractor in the construction contract of this case, the defendant, who is the actual subcontractor in the construction contract of this case, is obligated to pay the remaining construction cost (=123,200,000 - 56,000,000) and delay damages to the plaintiff.
B. Generally, who is the party to the contract is a matter of interpretation of the intent of the party involved in the contract.
The interpretation of a declaration of intent is to clearly define the objective meaning that the parties have given to the act of indicating it, and where the contents of any contract are written in writing, which is a disposal document, it shall not be written, but shall reasonably interpret the objective meaning that the parties have given to the act of indicating it according to the contents of the document, regardless of the internal intent of the parties. In this case, if the objective meaning of the text is clear, it shall be interpreted reasonably.