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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 April 21, 2017, the Passenger Mine Construction Co., Ltd. (hereinafter “BL”) entered into a contract with the Plaintiff as to the passenger-type tea construction between the first (Nobbland) floor in Songsan. On June 26, 2017, the passenger-type mining construction entered into a contract between the Plaintiff and the Plaintiff for the transfer of assignment and acquisition of assignment of assignment of claim KRW 74,772,00,00, on the site of the first (EB8BL) Seoyang- Eup, Nam-gu, Yangsung-si, where the passenger-type mining construction has against the Defendant. On July 3, 2017, the passenger-type mining construction entered into a contract between the Plaintiff and the Plaintiff to pay the said construction cost.
B. Meanwhile, on July 15, 2016, the Defendant entered into a subcontract for construction works with the relevant construction project on the following areas: (a) on March 10, 2017, entering into a subcontract for construction works for the instant construction project; and (b) on March 10, 2017, entered into a subcontract increase or decrease contract (hereinafter collectively referred to as “instant construction contract”); and (c) the Defendant paid KRW 72,320,000 in total eight times from December 29, 2016 to May 31, 2017 for the instant construction project.
The contract period of the contract on the contract date of the project is 2,501,00,000 won under the contract for the project to be entered into on July 15, 2016, or 2,501,00,000 won through the contract for the project to be entered into on September 1, 2017 to May 31, 2018, under the contract for the project to be entered into on July 15, 2016, 129,000,000 won through the contract for the project to be entered into on July 15, 2016, or on May 31, 2017, or on March 10, 2017; 2,501,00,000 won under the contract for the increase or decrease of the subcontract for the project to be entered into; 105,000,000 won through the project to be entered into on May 31, 2017.
However, around June 21, 2017, A sent a text message stating that “to waive construction human life” to the employees of the passenger mine construction, and then temporarily read the text message. The Defendant notified the passenger mine construction of the termination of the instant construction contract as of June 22, 2017 on the ground of the waiver of the passenger mine construction work, and the Defendant notified the passenger mine construction of the termination of the instant construction contract on June 21, 2017.