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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The plaintiff's assertion
A. On November 2013, the Defendant contracted the Defendant’s agricultural specialty B services to the Plaintiff Company A (hereinafter “Nonindicted Company”) and the Nonparty Company subcontracted the said services to the Plaintiff on December 2013.
B. The Plaintiff performed the Defendant’s agricultural specialty B services from December 2013 to March 2014.
C. On February 12, 2014, the Defendant, a creditor of the non-party company, provisionally attached the instant claim against the Defendant of the non-party company, demanded that the non-party company and the non-party company continue to perform the instant service as the contractor by succeeding the instant service contract to the Plaintiff who actually performed the business.
Accordingly, the Plaintiff completed the instant B services around March 13, 2014.
E. The Plaintiff entered into a contract with respect to the instant service in KRW 208,065,00. Among them, the Plaintiff received KRW 94,575,000, and thus, the Defendant is obligated to pay the remainder of KRW 113,490,00 (=208,065,000) to the Plaintiff.
That is, the defendant is entitled to pay the amount stated in the purport of the claim of this case as part of the claim.
2. Judgment on the assertion
A. (1) On November 4, 2013, the Defendant entered into a contract between the Nonparty Company and the Nonparty Company on a contract with the contract amount of KRW 231,00,000,000 for agricultural specialty B (hereinafter “instant service”) and the beginning date of November 15, 2013; and paid KRW 115,50,000 as advance payment to the Nonparty Company on February 28, 2014 on the completion date (hereinafter “instant service contract”).
(2) On December 16, 2013, Nonparty Company subcontracted the instant service to the Plaintiff (U.S.net Co., Ltd.) on a contract price of KRW 208,065,00, and the service performance period from December 16, 2013 to February 28, 2014.
(3) The Plaintiff’s employees, including C, under the agreement with the Nonparty Company.