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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. A. Around January 8, 2009, Nonparty C Co., Ltd. (hereinafter “C”) with the Defendant’s former office was awarded a contract for the incidental civil works among D’s new construction works (hereinafter “instant construction works”) with the amount of KRW 325,500,000 of the construction cost, around January 8, 2009.
C On April 3, 2009, a contract was entered into with Nonparty C C Co., Ltd. (hereinafter “CCo”) on a subcontract with the construction amount of KRW 250 million with respect to the instant construction work, and the said C CoCo did not waive the construction work and implement it at all.
Accordingly, on April 9, 2009, C drafted a “order for Construction Work” with the Plaintiff, stating that “The Plaintiff, the team leader of the entity ordered with C, shall conclude an agreement by agreement, and promise to perform the obligations ordered by C in good faith.”
Then, around May 2009, the Plaintiff accepted the instant construction work from Nonparty E as the construction cost of KRW 95 million. From May 2009 to June 2009, Party E discontinued construction work for about 20 days and discontinued construction work as it did not receive the construction cost from time to time. Around June 22, 2009, the Plaintiff received KRW 11 million out of the construction cost.
B. Ultimately, the Defendant received necessary funds from the Plaintiff and directly received the instant construction work, and received payment from the ordering office after the completion of the instant construction work, and delivered the Plaintiff with the following disposal documents.
Serial Name: (a) the loan certificate of May 30, 2009, which was KRW 35 million on April 13, 2009 and KRW 4 million on June 24, 2009; (b) the payment certificate of July 3, 2009, KRW 5 million on July 15, 2009; (c) the payment agreement of August 17, 2009, KRW 4 million on August 31, 2009, KRW 300,000 on August 31, 2009; and (d) the payment agreement of KRW 9.4 million on August 31, 2009, KRW 300,000 on August 15, 2009; and (e) the payment agreement of KRW 9.7.4 million on September 30, 200, KRW 8.4 million on September 30, 2009; and