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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 purport of a claim or a change in the cause of a civil lawsuit is allowed only when the basis of the claim is not changed (Article 262(1) of the Civil Procedure Act). As seen below, the Plaintiff primarily sought a claim for construction cost based on the direct claim of a sewage-grade person against the ordering person under the Framework Act on Construction Industry, and a claim based on the warranty liability of a water guarantor as follows. The Plaintiff seeking a change in the purport of the claim and the claim for a change in exchange upon the application for a change in the cause of the claim is a loan claim, which differs from all the facts that form the basis of the legal relationship, as well as the previous primary and conjunctive claim and its legal composition. In order to determine the propriety of the changed claim, it is reasonable to deem that the change in the claim constitutes a case where the submission of new evidence and the examination that have not been submitted previously is inevitable.
Therefore, the Plaintiff’s above purport of the claim and the Plaintiff’s claim for a loan based on an application for change of the cause of claim do not meet the requirements for change of claim. As such, the purport of the claim and the application for change of the cause of claim are not permitted under Articles 263 and 262(1) of the Civil Procedure Act.
2. The assertion and judgment
A. On February 22, 2017, the Plaintiff and C (hereinafter referred to as the “Plaintiff, etc.”) entered into a contract with D under which he/she would receive a 470 million won contract for the structural construction of the instant construction works among the two new construction works of the instant building in the Gwangju-si E and one parcel (hereinafter “instant construction works”) (hereinafter “instant construction contract”).
Since then, the Plaintiff et al. completed the framework construction of the instant construction project on June 2017.
2) The Plaintiff, etc. received KRW 30 million on April 10, 2017, and KRW 100 million on April 14, 2017, among the instant construction price.
C transferred the remainder of the construction cost claim to the Plaintiff on June 28, 2017.
3) The defendant.