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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Determination as to the cause of claim
A. On July 1, 2015, the Plaintiff’s assertion 1) Kui-Nc Co., Ltd contracted for “B” to the Han Chang Construction Co., Ltd., and the Han Chang Construction Co., Ltd subcontracted the said electrical construction to the Plaintiff on October 2, 2015. (2) Around December 2, 2015, the Plaintiff claimed payment of KRW 22,000,000 for the progress payment that was undertaken until the time of the said subcontract to Han Chang Construction Co., Ltd., but on December 31, 2015, the Han Chang Construction Co., Ltd did not pay it, and the said contract was terminated between Kui-Nc Co., Ltd and Han Chang Construction Co., Ltd. on December 31, 2015.
3. Since then, the Defendant agreed to succeed to the status of the contractor of the subcontract that was concluded with the Plaintiff as the contractor of the construction of Han Chang Construction Co., Ltd. in lieu of the construction of Han Chang Construction Co., Ltd., together with the obligation to pay the above KRW 22,00,000,000 and damages for delay thereof, the Defendant is obligated to pay to
B. Comprehensively taking account of the respective statements in evidence Nos. 1, 2, 4, and 5 and the overall purport of the pleadings in witness C’s testimony, each contract and subcontract was concluded between Oral Ba Co., Ltd and Han Chang Construction Co., Ltd., Han Chang Construction Co., Ltd. and the Plaintiff as alleged by the Plaintiff, and the Plaintiff claimed KRW 22,00,000 for the progress payment up to the time of the construction on December 2, 2015, the Plaintiff claimed KRW 22,00,000 for the remainder payment up to the time of the construction on December 31, 2015, the contract entered into between Oral Ba C Co., Ltd and Han Chang Construction Co., Ltd., Ltd. was terminated on December 31, 2015, the fact that Kui Mai C Co., Ltd contracted the said new construction to the Defendant on behalf
However, as alleged by the plaintiff, we examine whether the defendant succeeded to the status of the contractor for the construction of Han Chang Construction in accordance with the above subcontract, and the statement of No. 3-2, and the testimony of the witness C.