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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Summary of the parties' arguments
A. The gist of the Plaintiff’s assertion is as follows: “B operates a wholesale business based on the mutual name; the Defendant’s construction site for accommodation accommodation C (hereinafter “instant construction site”); the Defendant’s rent of KRW 22,00,000 was determined around April 2015; the construction cost was leased; the steel amounting to KRW 5,182,100 was equivalent to KRW 1,51,550 on May 2015; the steel amounting to KRW 7,425,000 on July 2015; and the Defendant supplied each of the wood amounting to KRW 36,158,650 (=2,000,000; KRW 5,100,000; KRW 1,51,551,505,000; and the Plaintiff’s total amount of KRW 7,505,705,205,705,700 and KRW 20057,507).
Therefore, the Defendant is obligated to pay to the Plaintiff the unpaid rent or the price of supplied goods plus KRW 22,774,00,000, total of KRW 38,932,650 (=16,158,650, KRW 22,774,00) and damages for delay.
B. On April 17, 2015, the Defendant concluded a construction contract with D to set the construction cost of KRW 220,000,000,000 for non-generation construction and framed construction among the instant construction works, and the said construction cost was fully paid to D. There was no contract between the Plaintiff and the Plaintiff for the lease of snow materials or for the supply of steel and wood.
2. However, in full view of the existence of a lease contract for building materials and a contract for supply of hardware and wood with respect to the instant construction project between the Plaintiff and the Defendant, it is insufficient to recognize it, and there is no other evidence to acknowledge it.
Rather, comprehensively taking account of the written evidence Nos. 3, 1, 3, 6, and 7 (including evidence attached with each number) and the overall purport of the pleadings in the witness E’s testimony, the F, the owner of the land in Gangwon Yangyang-gun C on March 27, 2015, is related to the instant construction project between the Defendant and the Defendant.