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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. (1) On October 23, 2013, the Defendant entered into a contract for construction works and subcontract with the non-party college of Seoul National University (hereinafter “A”) and the “A construction contract (hereinafter “the instant original construction contract”). On October 30, 2013, the Defendant entered into a contract for construction works during the instant original construction works (hereinafter “the instant construction contract”) with the non-party 1,320,000,000 won (including value-added tax) [including the additional amount on May 23, 2014 as KRW 794,20,000,000, and changed the contract period into KRW 2,114,200,000 (including value-added tax) with the first settlement agreement, and around October 30, 2013 to April 20, 2013 (hereinafter “the period of contract”).
(2) At the time of the instant construction contract, the Defendant and the ice Comprehensive Construction entered into a special agreement stating that “In principle, the Defendant shall not participate in the management of the ice Comprehensive Construction, but if it is deemed that there is any obstacle to the construction or if there is any third party requesting direct payment of the construction cost, etc. of the pertinent construction cost, etc. of the ice Comprehensive Construction, it may be paid immediately after consultation with the ice Comprehensive Construction,” under the latter part of Article 20 of the Special Conditions (hereinafter “instant special agreement”).
B. On January 13, 2014, the Plaintiff entered into a sub-subcontract agreement with the Switzerland Construction on January 13, 2014, the contract amount of 216,700,000 won (the contract amount of 176,00,000 won during the construction period) among the instant construction works, the construction hours from January 13, 2014 to March 20, 2014, and the price payment under direct payment terms (the Defendant).
C. The Defendant’s payment of the construction cost to the Plaintiff is KRW 80 million on February 20, 2014; KRW 10 million on March 14, 2014; and KRW 120 million on March 18, 2014, in total, KRW 30 million on March 18, 2014.