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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. On June 3, 2016, the Defendant subcontracted the construction work of the Housing Complex Construction Co., Ltd. (hereinafter “Non-Party Company”) to the Gangseo-gu Construction Co., Ltd. (hereinafter “Non-Party Company”) at the cost of construction KRW 24,70,000,000 for the construction work of the Housing Complex Construction Co., Ltd. located in Busan Seo-gu, Busan. The Plaintiff re-subcontracted from the Non-Party Company for L/W M&D construction (hereinafter “instant construction”).
B. On October 4, 2016, the field agent D of the non-party company prepared a written confirmation (hereinafter “instant written confirmation”) with the purport that “I will confirm that I will pay the instant construction amount (not less than KRW 38 million, value added tax) to the Plaintiff at the time of attending the Plaintiff.” The Defendant’s E head stated that “I will make a promise to pay the balance in the Plaintiff’s presence at the end of the instant written confirmation,” and affixed the Defendant’s name and corporate seal thereto.
C. On January 4, 2017, the Plaintiff sent content-certified mail to the Defendant, stating that the payment of the construction cost of KRW 38 million (excluding value-added tax) would be demanded until January 13, 2017, and sent the content-certified mail requesting the Defendant to pay the said money until January 17, 2017.
[Ground of recognition] Unsatisfy, Gap evidence 3-1 to 3, the purport of the whole pleadings
2. The parties' assertion
A. Since the Defendant agreed to make a direct payment of the re-subcontract for the instant construction project to the Plaintiff via the instant confirmation document, the Defendant is obligated to pay the Plaintiff the construction cost of KRW 41.8 million (= value-added tax of KRW 38 million) and the delay damages.
B. The defendant's confirmation of this case merely means that the defendant guarantees the opportunity to attend when paying the construction price to the non-party company. Thus, it does not mean that the defendant agrees to pay the construction price directly to the plaintiff.
3. As seen earlier, the instant confirmation document is “the instant construction project.”