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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. On July 7, 2011, Nonparty C Co., Ltd (hereinafter “Nonindicted Company”) concluded a construction contract to newly construct the said clan’s neighborhood living facilities by October 30, 201, with the Defendant’s representative as KRW 330,000,000 of the construction contract amount (in addition, the additional tax is separate; thereafter, the additional tax is increased to KRW 70,000,000,000,000,000) on the ground of business class D E, Gyeonggi-gun, which is the Defendant’s representative.
B. The Defendant remitted the total amount of KRW 290 million, including KRW 150 million on July 11, 2011, KRW 30 million on August 12, 2011, KRW 30 million on August 31, 2011, KRW 70 million on August 31, 201, and KRW 40 million on October 6, 201, to the account in the name of the representative director of Nonparty Company F.
C. On the other hand, on July 14, 201, the Plaintiff was awarded a subcontract for the said construction project from the non-party company to KRW 280,000,000 for the construction contract amounting to KRW 280,000 for the said construction project (a separate sheet. After that, it appears that the additional construction cost increased to KRW 50,000 for KRW 330,000).
On October 29, 201, the Plaintiff received a written confirmation from the Defendant on October 29, 201 that the Plaintiff was unable to receive the payment for the completed portion from the non-party company during the said construction work, stating that “The amount of construction other than the design drawing of the said building (a approximately KRW 20 million), the construction amount (the remaining amount of KRW 130 million) is paid at the payment rate not later than November 18, 2011 (hereinafter “instant payment confirmation”). On the same day, the Plaintiff was transferred from the Defendant to the account in the name of the representative director H as the construction cost of the septic tank.
E. On November 14, 201, 201, I, the actual operator of the Plaintiff, consulted with the representative director of the Nonparty Company F, the Defendant’s ASEAN, and as a result, the total construction cost of KRW 330 million (280 million between the Plaintiff and the Nonparty Company and the additional construction contract amount of KRW 50 million), which had been paid by the Plaintiff from the Nonparty Company, deducted KRW 225.65 million from the total construction cost of KRW 18,188,18.