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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 parties’ assertion that around October 29, 2016, the Plaintiff is obligated to pay the Plaintiff the construction cost of KRW 75,000,000 and the delay damages therefrom, since he/she received a verbal request from the head of the site office of the Defendant C Corporation (hereinafter “instant Corporation”) for the progress of the instant construction project, and entered into a verbal contract by estimating the amount to KRW 75,00,000,000, which is estimated to be equivalent to KRW 75,000.
The Defendant asserts that, among the instant construction works, subcontracted the metal, windows, and glass construction to F Co., Ltd. (hereinafter “F”), and thereafter paid the construction cost in entirety to F, and that the Plaintiff did not have subcontracted the instant construction works to F.
2. Determination
A. First of all, on October 29, 2016, the Plaintiff claims the construction cost against the Defendant on the premise that the Plaintiff entered into a verbal contract with the Defendant on the glass construction among the instant construction works, and thus, it should be examined whether the Plaintiff and the Defendant entered into a contract on the glass construction among the instant construction works.
B. The following facts do not conflict between the parties, or can be acknowledged by comprehensively taking account of the following: Gap evidence 1-3, Gap evidence 2-7, Gap evidence 3-13, Gap evidence 11, Eul evidence 1, Eul evidence 1-2 and 5, witness G, D, and H's testimony and whole purport.
1) D is the Defendant’s employee as the head of the site of the instant construction. G is the employee of the Plaintiff’s personal business entity I. (2) On August 25, 2016, the Defendant, among the instant construction works, determined the metal, windows, and glass construction period from September 15, 2016 to November 15, 2016, as the contract price of KRW 320,012,00 (including value-added tax) to be subcontracted to F.
The subcontract specifications related to this subcontract include 24,96,32 won in metal works, 219,253,459 won in total, 244,249,791 won in glass works.