beta
Text
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On February 28, 2012, the Plaintiff entered into a subcontract (hereinafter referred to as the “instant construction contract”) with respect to household installation works among the new construction works of the Jindo-si Do-si D 826 square meters above ground and the five-story Etel above ground (hereinafter “instant officetel”) ordered by the Defendant, by the period of construction from March 5, 2012 (the starting date) to July 30, 2012 (the completion date); the construction cost of KRW 671 million; the payment period of construction cost of KRW 50 million; the payment period of construction cost of KRW 671 million; the payment period of construction cost; and the payment period and method thereof, KRW 50 million,000,000,000,000,000,000, and the remainder after the completion of the C.I.P. construction work; and concluded the subcontract after the completion of underground floor frame (hereinafter referred to as “instant construction contract”).
B. The Plaintiff completed construction pursuant to the instant construction contract by July 30, 2012, and the instant officetel was registered for preservation upon obtaining approval for use on August 8, 2014. Of the construction cost, C filed a claim for the payment of the construction cost with F Co., Ltd. (hereinafter “F”), which is the principal contractor, and C signed a written consent for the payment for completed portion with the consent of the Plaintiff to directly receive the construction cost from F Co., Ltd. on January 16, 2013 (hereinafter “instant consent”).
C. On January 16, 2013, G of F: (a) the seller of the instant officetel 301 with respect to the instant officetel 301 between the Plaintiff and the Defendant, the buyer, and the Plaintiff (hereinafter “instant sales contract”) attached to the instant written consent; (b) the instant written consent would pay KRW 10,000,000 (Won 10,000,000) to F on January 31, 2013; and (c) if the instant written consent was carried out after the approval for use of the building, the sales contract would be recovered after paying the remainder. If the remainder is not paid, the instant written agreement would be effective as a periodical contract.
F was closed on May 29, 2015, and the Plaintiff was not paid the construction price by F or C.