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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. The Defendant was awarded a contract with C Co., Ltd. (hereinafter “C”) for a secondary construction of secondary D main complex (hereinafter “instant new construction”).
(b) E (representative: F) as an individual entrepreneur, the actual E operator is H, who is a spouse of F;
(hereinafter referred to as “E” is limited to C.I.P. of the instant new construction works by the Defendant (hereinafter referred to as “the instant construction works”)
In the last process of the construction of this case, the construction of concrete was in charge of the defendant's side.
Upon request, C.I.P. and navigational operations were conducted at the site of the instant new construction project: 1.bucheon D Main Complex Construction Project (B) : the construction site of Da3. Corporation: 17, 2017 - December 1, 2017 - C.I.P.P. Corporation (monthly: 3,876.5m in depth): C. 130/W. 130/H = 45 days: 7,500: transportation expenses: 6,446,00 won: - 40,000 won - 1,440,400 won: 1,4737,50 won: 1.5m in total: 211 : C.P.P. : 130/5m in total. : 45 days:6,47,500 won in total
C. On December 2, 2017, the Defendant prepared and executed a written confirmation of completion of construction with the following contents to E. D.
On February 2, 2017, the Plaintiff entered into a contract with E to lend equipment to the new construction site of this case and receive transportation fees. The Plaintiff has a claim for transportation charges of KRW 21,541,700 (including value-added tax) for E by inserting equipment into the new construction site of this case.
E. The Plaintiff filed an application with Seoul Southern District Court 2018Kadan1909, the Seoul Southern District Court 2018Kadan1909, for provisional seizure of the claim for construction price against Eul, and received a provisional seizure acceptance from the said court on August 23, 2018.
F. On October 4, 2018, E transferred the instant claim for construction price of KRW 39,435,500 (including value-added tax) to the Plaintiff between the Plaintiff and the Plaintiff on October 4, 2018.