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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 following facts may be acknowledged as either a dispute between the parties or in full view of the purport of the entire pleadings in each entry in Gap evidence 1 to 3:
The Comcom Information and Communication Co., Ltd. was awarded a contract for the "IT Center's Busan relocation and construction project" (hereinafter "the instant construction project"), which was ordered by the Korea Housing Finance Corporation, and subcontracted the instant construction project to the Korea Housing Finance Corporation, in sequence in the order of the Defendant, the Cipia Corporation (hereinafter "Seng"), and the Plaintiff. On September 19, 2014, the Defendant subcontracted the instant construction project to the non-party company KRW 431,66,400,000 (including the Seoul Center construction, under the contract), but the contract price corresponding to the instant construction project is KRW 154,00,000,000,000, including the cost of construction, was set at KRW 154,000,000,000,000). On October 7, 2014, the non-party company subcontracted the instant construction project to the Plaintiff at KRW 83,000,00,000.
B. Although the Plaintiff completed the instant construction around October 13, 2014, the Plaintiff did not receive 2,9410,000 won from the said company due to the circumstances, such as the commencement of rehabilitation proceedings by the Changwon District Court 2014 Ma191 (hereinafter “the instant construction balance”).
2. The Plaintiff’s assertion and judgment asserted that, on March 2, 2015, the Defendant agreed to receive the payment of the remainder of the instant construction project from the Defendant, and sought payment from the Defendant.
However, there is not any other evidence to acknowledge the evidence No. 4 solely by the statement of evidence No. 2 and No. 3. Rather, according to each of the evidence No. 2 and No. 3, the defendant paid KRW 129.5 million to the non-party company on October 31, 2014, and the non-party company paid KRW 24.5 million to the plaintiff on December 24, 2014 with the consent of the non-party company, thereby making a direct payment of KRW 154 million to the plaintiff on March 2, 2015.