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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
The main point of the Plaintiff’s assertion is Nonparty Ulsan Construction Co., Ltd. (hereinafter “Suld Construction”) ordered D Construction from the Armed Forces Finance Management Body of the Republic of Korea Armed Forces (hereinafter “Suld Construction”) to offer public bids to the Korea Communications Corporation (hereinafter “instant construction”). The Plaintiff, who failed to meet the bid qualification, proposed the Defendant’s participation in a long-term transactional relationship, and asked the Plaintiff to re-subcontract and re-subcontract the Plaintiff upon receiving the successful bid.
As a result of the Defendant’s efforts to jointly investigate the cost of the instant construction project, the Defendant was awarded a successful bid of KRW 4,873,00,000 (including value-added tax; hereinafter the same shall apply). The Plaintiff received a sub-subcontract for the instant construction project to the Defendant’s 95% of the construction cost, and entered into a contract with Ulsan Construction and the execution of funds, etc. with the Defendant, and the actual duties of the construction site were to be performed by the Plaintiff.
Accordingly, on August 1, 2013, the Plaintiff received re-subcontracted the instant construction work from the Defendant in KRW 4,629,350,000, and completed the construction work on March 1, 2014.
Therefore, the defendant should pay the remaining construction cost of KRW 2,789,98,300, except for the construction cost of KRW 1,839,351,700 paid by the plaintiff.
The main purport of the Defendant’s assertion is that the Plaintiff was to obtain a subcontract for the instant construction from the construction in Ulsan Construction, but it was not qualified to obtain a subcontract for the instant construction in the name of the Defendant, and the Defendant was to receive 5% of the subcontract price from the Plaintiff in return for the loan in the name of the Plaintiff.
Accordingly, on July 26, 2013, the Defendant: Ulsan Construction and the instant construction subcontract agreement (the construction price of KRW 4,873,00,000) was prepared; on August 1, 2013, a written agreement in which the amount equivalent to 95% of the construction price and the Plaintiff entered as the contract amount; and on August 1, 2013, the instant construction was all performed by the Plaintiff according to the name lending agreement.
However, the completion settlement agreement between the plaintiff and the Ulsan Construction is reached.