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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 Plaintiff received a seizure and collection order (hereinafter collectively referred to as “the collection order of this case”) against Nonparty C Co., Ltd. (hereinafter referred to as the “Nonindicted Company”) with respect to the claim for construction cost related to the construction work of the Jung-gu Incheon Metropolitan Government Dial Living Facility Construction Corporation (hereinafter “instant construction”) held against the Defendant by the debtor company against the Defendant, based on each executory decision of the construction cost case of the Suwon District Court No. 2016 tea 6765 and the same court No. 2017 tea 1799.
The date of delivery of the document at the date of the decision of the court of case number (won) 12017TT 2017TT 20571 Ansan support on February 16, 2017, 37,671,600 22017TT 2017TT 20868 known support 20868, March 16, 2017
3. 2017 other bonds 21196, 40 April 4, 2017;
B. On November 8, 2016, the Defendant entered into a contract with the Nonparty Company to pay KRW 100,000,000 for the instant construction work (excluding value-added tax) and KRW 20,000 for the completion date of completion of completion of completion of completion of completion of completion of completion of completion of completion of completion of completion of completion of completion of the construction work, and KRW 20,000,000,000 at the time of completion of the construction of the steel framed; KRW 20,000 at the time of completion of the construction of the steel framed; KRW 30,000,000,000 at the time of completion of the construction of the steel framed; and the Nonparty Company discontinued the instant construction under the condition that the construction of the steel framed and the outer works were not completed.
C. On November 14, 2016, the Defendant paid the construction price of KRW 770,00,000 (including value-added tax) to Nonparty Company on November 22, 2016, KRW 130,000 on November 22, 2016, KRW 220,000 on January 5, 2017, and KRW 220,000 on March 6, 2017.
[Reasons for Recognition] Unsatisfy, Gap evidence 1, 4, and 5 each 1,2, Gap evidence 6, 7, Eul evidence 1, Eul evidence 2-1 to 4, Eul evidence 3, and the purport of the whole pleadings
2. Determination on the cause of the claim.