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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 January 201, 2014, the Plaintiff: (a) contracted the construction of B building (hereinafter “B building”) on the ground of Gwangju Mine-gu; (b) the construction of the construction of the F building on the ground of Gwangju Mine-gu E from C and D (hereinafter “each of the instant construction”); and (c) subcontracted the electrical construction (hereinafter “each of the instant electrical construction”) to the Defendant during each of the instant construction works.
B. Until completion of each of the instant electrical construction, the Defendant filed a claim for construction payment with the Plaintiff by issuing a tax invoice on four occasions as listed below, and the Plaintiff paid the Defendant the total amount of KRW 66,000,000 (including value-added tax; hereinafter the same shall apply) over four occasions as listed in the following table.
The amount as of March 11, 2014 as of the date of receipt of the payment for the construction work as of the date of the issuance of a tax invoice (won) shall be the same as the date of March 14, 2014; on May 7, 2014, 16,50,000,000 on May 11, 2014, 2014; on June 30, 2014, 222,00,000,00 on July 1, 2014, July 16, 2014, 20,000 on August 16, 20, 200,000 66,000,000 [Grounds for recognition] without dispute; (3), 3,4,7, 8, 9, 1, 2, and 2 (including each of the numbers of pleadings; hereinafter the same shall apply)
2. The parties' assertion
A. On March 1, 2014, the Plaintiff and the Defendant concluded a subcontract for each of the instant electrical construction with the construction cost of KRW 27,500,000. Around June 2014, the Plaintiff and the Defendant concluded a contract for construction modification with the Plaintiff and the Defendant changed the construction cost of each of the instant electrical construction from KRW 27,50,000 to KRW 11,000,000, which changed from KRW 27,500,000.
Nevertheless, the Defendant applied for construction cost of KRW 66,00,000 for the total construction cost by taking advantage of the fact that the construction name stated in the said construction contract (A evidence 8-2) as “GG Electric Construction,” and the Plaintiff paid the construction cost in the process of paying the construction cost.