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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Southern Construction Co., Ltd. (hereinafter “Nam Young-gu Construction”) contracted the construction of a three-dimensional industrial complex from Suwon-si. On October 2012, the Defendant subcontracted the said construction of soil and reinforced concrete to the Defendant during the said construction.
B. The Plaintiff entered into a contract with the Defendant under which the Plaintiff would lease temporary materials, such as erop, diap, poppy, poppy, and pin, at the Defendant’s construction site (hereinafter “instant lease contract”). From November 9, 2012 to April 3, 2013, the Plaintiff leased the temporary materials to the Defendant.
C. The Defendant paid to the Plaintiff KRW 1,00,000,000 on April 26, 2013 as the rent for the said temporary materials under the instant lease agreement, respectively, and KRW 10,00,000 on August 1, 2013.
Around April 2014, the Plaintiff agreed with the Defendant that the Plaintiff would immediately be paid a rent under the instant lease agreement from Suwon-si, the ordering authority (hereinafter “instant agreement”). The main contents of the agreement (No. 9-2 and No. 1; hereinafter “instant agreement”) written at the time are as follows.
The plaintiff of the defendant's participant in the construction project under a subcontract from the Nam Young Construction in the direct payment agreement shall agree that the plaintiff shall pay the defendant's order price in lieu of the direct payment in lieu of the order price. The plaintiff shall confirm that he will not raise any objection with respect to the materials later, and will not file any civil and criminal complaints with the order office, the original contractor, and the subcontractor related to the materials.
-The following-Payments and amounts: 22,000,000 won (including value-added tax):
E. Thereafter, on May 20, 2014, the Plaintiff received KRW 22,00,000 from Suwon-si in accordance with the instant agreement.
[Ground of recognition] Unsatisfy, Gap evidence 2 through 10, Eul evidence 1 (including branch numbers), the purport of the whole pleadings
2. The plaintiff's assertion is that of the instant lease contract to the defendant.