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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On December 28, 2012, the Defendant entered into a contract with a Barun Construction Co., Ltd. (hereinafter “Berne Construction”) by setting the contract price of construction 10,105,000,000 won (excluding value-added tax) and the construction period from January 28, 2013 to January 2014, with respect to the construction work that newly constructs neighborhood living facilities and officetels on the land outside 40-2, 40-2, the wife Kim Jong-dong, and two parcels of land (hereinafter “instant construction”).
(hereinafter “instant contract”). (b)
On February 19, 2013, the construction Barunun Construction entered into a subcontract agreement with Sungsan F&C Construction Co., Ltd. (hereinafter “Masan Construction”) with respect to the instant construction works, the subcontract agreement was entered into between the construction cost of KRW 850,000,000 (excluding value-added tax) and the construction period from February 20, 2013 to August 31, 2013.
(hereinafter referred to as “instant subcontract”). (c)
Although construction works are commenced on or around February 2013 and implemented removal and destruction of the ground by June 8, 2013, the Defendant failed to pay the construction cost to the correct construction and failed to pay the construction cost at all to the correct construction, the construction work was suspended at that stage.
In order to resume construction work, such as the preparation of a statement of payment and written statement of direct payment, the defendant and the correct construction made out a statement of payment that the construction work will be paid KRW 100,000 on September 27, 2013, the defendant and the correct construction jointly and severally with the defendant and the correct construction will pay KRW 935,00,000 upon resumption of construction work, KRW 200,000 on October 30, 2013, KRW 200,000 on November 30, 2013, KRW 435,000,000 on December 30, 2013, and the defendant prepared a statement of payment that will pay KRW 935,00,000 on December 30, 2013 (hereinafter referred to as “instant payment statement”), and the defendant made a statement of payment that the construction work will be paid directly to Sungsan Construction without being paid in full for construction work (hereinafter referred to as “the same day”).