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1. The plaintiff's claim of this case is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. With respect to the construction of a single comprehensive funeral facility (hereinafter “instant construction”) with a limited liability company, the Defendant respectively entered into a contract for the construction of a comprehensive funeral facility (hereinafter “instant construction”) as described in the following table (hereinafter “the instant contract for the construction”).
The table: The terms and conditions of the original contract in this case as of October 4, 2013, the contract price of the first revised contract of KRW 4,277,357,357,90 on June 13, 2014; KRW 4,536,340 on April 2, 2015; KRW 4,90 on May 22, 2015; the final revised contract of KRW 4,659,959,690 on August 6, 2015;
B. On May 8, 2015, the Plaintiff and the instant construction project (hereinafter referred to as “the instant subcontracted project”) concluded a subcontract for a construction contract with the period of KRW 308,00,000 (including value-added tax), the method of payment “direct payment in the subcontract price in the place of order,” and the period from May 11, 2015 to June 5, 2015, respectively.
(hereinafter referred to as the “instant subcontract”). C.
On May 8, 2015, the Plaintiff, the Defendant, and the Plaintiff were to pay directly the subcontracted construction cost corresponding to the portion the Plaintiff performed, among the instant subcontracting projects, to the Plaintiff, and signed an agreement on the direct payment of subcontracted construction cost (hereinafter referred to as “instant direct payment agreement”) with the following terms and conditions, and signed the instant direct payment agreement, respectively. On May 11, 2015 through June 15, 2015, the term of contract for the construction works of the comprehensive funeral facility in the event that the term of contract for the construction works under the agreement on the direct payment of subcontract amount is 4,536,340,60 won, and the term of contract for the construction works of the comprehensive funeral facility in the name of the construction works under the subcontract (a type) from June 13, 2014 to June 12, 2015, among the construction works of the comprehensive funeral facility in the name of the subcontractor (a type of official contract):
1. The plaintiff in the above comprehensive construction and the subcontract between the plaintiff.