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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. The Plaintiff is an individual entrepreneur who runs the construction business of general houses in the name of C, and the Defendant is a company with the objective of selling new construction and sales business of houses and commercial buildings, which has contracted the Plaintiff with the new construction work of multi-family houses.
B. On April 5, 2017, the Defendant entered into a contract for construction works with the original Defendant on Ddong Corporation (hereinafter “Ddong Corporation”) with the Plaintiff on April 5, 2017.
(2) The Plaintiff completed Ddong construction around September 2017, 2017, with the contract amount of KRW 429,900,000, and the contract period of construction as of April 3 to August 31, 2017.
C. The Plaintiff’s Gdong Corporation 1) The Defendant is Nonparty H Co., Ltd. (hereinafter “H”).
(A) the construction of multi-family houses on the ground of Dobong-gu Seoul Metropolitan Government I, J, and K (hereinafter referred to as the “G Dong construction”).
(2) On May 15, 2017, the Defendant and H paid 525,000,000 won as the settlement amount to H, and H made an agreement on the settlement of construction amount and the settlement of construction amount to the effect that H would waive the said construction work.
3) After that, at the Defendant’s request, the Plaintiff carried out the work related to the construction in Gdong, which was cut off in the middle as seen above. [The fact that there is no dispute over the grounds for recognition, Gap evidence 1, Eul evidence 1, Eul evidence 1 and 2, and the purport of the whole pleadings
2. The parties' assertion
A. The Plaintiff’s assertion 1) The total construction cost under the Dwork is 456,975,000,000, including the construction cost under the construction contract (429,900,000) and the additional construction cost. The Plaintiff is a stock company under the name of the Defendant (hereinafter “L”) for the said construction cost.
The Defendant received KRW 128,219,300 by means of directly remitting 287,950,299 from the account, but returned KRW 50 million at the Defendant’s request.