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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. On March 23, 2012, the Defendant was awarded the instant construction contract by the Korea Land and Housing Corporation for the installation of a street lamps and signal lamps (hereinafter “instant construction”).
B. On March 28, 2012, the Plaintiff and the Defendant concluded a blanket subcontract to the Plaintiff, which covers the entire subcontracting period for the instant construction project (hereinafter “instant subcontract”). However, the relevant construction documents agreed to be prepared as if the Defendant directly performed the instant construction project.
C. On April 5, 2012, the Defendant entered into a contract with the Korea Land and Housing Corporation to enter into a contract with the effect that the instant construction work will be contracted on August 4, 2012, setting the construction cost as KRW 458,828,136, and the due date for completion.
(hereinafter “instant contract”). D.
The Plaintiff commenced the instant construction work according to the instant subcontract agreement around April 5, 2012, and around that time, C worked as the site manager, D as the construction department, E as the site agent, and F as the major engineer.
E. According to the instant contract, the Defendant was subject to the first time inspection by the Corporation from July 17, 2012 to July 18, 2012, and was paid KRW 175,00,000 as the first time construction cost on July 26, 2012.
F. On August 3, 2012, the Defendant entered into a modified contract with the Korea Land and Housing Corporation to increase the construction cost of the instant contract in KRW 466,154,138 and extend the deadline for completion on September 30, 2012.
G. Around September 8, 2012, the Plaintiff renounced the instant construction work, and the Defendant accepted the instant construction site from the Plaintiff and directly performed the instant construction work.
H. From December 1, 2012 to December 14, 2012, the Defendant was subject to the second time test of the instant construction project, and the second time construction cost was determined at KRW 252,185,00 as a result of the said second time test.
(i) C, D, E, F, etc.