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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. The Defendant received, respectively, the primary construction around January 2012, 201, the secondary construction around March 2012, and the third construction around January 2013, respectively, from Jeonnam-do New Airport.
B. Of the foregoing two and three constructions, the Defendant subcontracted to Bable Oil Construction Co., Ltd. (hereinafter “Bable Oil Construction”), which entered into a contract with D in relation to subcontracted construction works. At the request of Bable Oil Construction, the Plaintiff injected a dump truck at the site of the said soil construction, and performed construction from August 2012 to September 2013.
C. On June 19, 2012 and April 25, 2014, with respect to the construction of earth and sand among the two and third construction works of Jeonnam-do, Shinan-gun, the ordering person, agreed to pay the Defendant’s subcontract price for the construction of the further table. D.
In a way that the Defendant paid the subcontract price for the Nable Construction, or that the Nablean Group paid directly to the Nablean Group, the payment was completed as shown in the attached Form No. 2 from April 16, 2012 to January 27, 2014, and the amount of KRW 913,720,000 from February 8, 2013 to June 30, 2014.
E. Meanwhile, E, who was the head of the Defendant’s on-site, drafted a written payment agreement with the execution participant D and Bable Construction, representing work workers on September 17, 2014. The content of the agreement is as follows, and the attached unpaid amount includes KRW 62,480,000 for the Plaintiff’s dump truck equipment.
(hereinafter “instant payment agreement”) D. D. D (based on recognition), D’s without dispute, Gap evidence 1, Eul evidence Nos. 1-3, 7-12 (including each number), and the fact-finding with respect to Shinan-gun, the purport of the entire pleadings as a whole.
2. The plaintiff's assertion is that the defendant is obligated to pay the unpaid amount of workers under the payment agreement of this case.