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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On January 31, 2016, the Plaintiff entered into a construction contract with the Defendant on the construction period of KRW 148,500,000 with respect to the construction work of the building for Pyeongtaek-si and the construction work of the new construction and remodeling of the building for Pyeongtaek-si, from February 1, 2016 to April 30, 2016, and the construction cost of KRW 148,500,000,000. ② On October 15, 2016, the Plaintiff entered into a construction contract with the Defendant on the construction period of KRW 12,00,000,000,00 for the construction cost from October 15, 2016 to November 30, 2016; ③ on October 15, 2016, the construction period of KRW 1500,000,000,000 for the construction work of the instant officetel (hereinafter referred to as the “instant officetel”); and each construction work period of KRW 16501,5,00,00,
B. The Plaintiff completed sewage supply works from the Defendant, such as additional implementation of construction work equivalent to KRW 16.56 million, which is a part of the instant construction work.
C. From February 15, 2016 to September 30, 2016, the Plaintiff received a total of KRW 188,500,000 from the Defendant as the instant construction cost. From F, the owner of the instant construction project, the Plaintiff sold the instant officetels G, H, and I, respectively.
On October 2017, the Plaintiff and the Defendant and F settled the construction cost that the Plaintiff would receive from the Defendant as KRW 150 million, and instead of paying the said settlement amount to the Plaintiff, the Defendant agreed to transfer KRW 150 million, out of the construction cost claims related to the instant officetel that the Plaintiff would receive from F (hereinafter referred to as the “instant agreement”), and written a contract for the transfer and acquisition of the relevant claim.
3. In the case of a subcontract between a transferor (contractor) and a transferee (contractor) under the above contract for construction work, a person who is responsible for the subcontract consideration under Article 35 of the Framework Act on the Construction Industry, Article 29 of the Enforcement Rule, Article 14 and Article 14 of the Fair Transactions in Subcontracting Act