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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 August 9, 2013, upon the Defendant’s introduction, the Plaintiff entered into a contract with the DongbS C Co., Ltd. (hereinafter “SP”) for construction work of the cost of construction KRW 111,00,000 (excluding value-added tax) and the construction period from August 9, 2013 to September 15, 2013 (hereinafter “instant contract”). The Plaintiff completed the said construction work by November 2013.
B. The Plaintiff received KRW 30,000,000 from the Nonparty Company on August 9, 2013, and KRW 30,000,000 in the intermediate payment on October 4, 2013, and KRW 20,000 in the remainder on November 7, 2013, and value-added tax on January 28, 2014.
C. (1) On August 2014, the Plaintiff filed a claim against Nonparty Company for the remainder of KRW 31,000,000 (=11,000,000 - 80,000) and damages for delay thereof with the Incheon District Court Decision 2014Da8784 (=11,00,000 - 80,000) and damages for delay. (2) In the instant case, the Nonparty Company entered into a contract of this case with Nonparty Company on December 26, 2014, “i)” on December 26, 2014, and thus, the Defendant was not the Plaintiff but the
B. On March 11, 2014, the non-party company: (a) agreed with the Defendant, and reduced the construction cost by KRW 10,00,000; (b) requested the Defendant to pay KRW 35,00,000 for the construction cost at the construction site and the construction site at the construction site at the time of Kimpo-si, Kimpo-si, other than the construction site of this case; and (c) requested the Defendant to pay KRW 35,00,000 for the construction cost at the construction site at the construction site at the construction site at the site of this case; and (d) issued a tax invoice of KRW 10,00,000 in the name of G around February 4, 2014; and (e) issued the tax invoice of KRW 25,10,000,000 for the construction cost which the non-party company is currently liable to pay at the construction cost of KRW 35,500,000 for the construction project at the construction site at the site of this case.