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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
Basic Facts
The following facts are not disputed between the parties, or may be recognized by comprehensively taking into account each entry and whole purport of Gap evidence Nos. 2, 7, 8, 9, and Gap evidence No. 4-1 through 3:
C On August 20, 201, Co., Ltd. (hereinafter “C”) subcontracted to the Plaintiff on August 20, 201, the portion of electricity, telecommunication, and fire fighting among the new kindergarten construction works on two parcels, including the value-added tax, among the new kindergarten construction works on two parcels, that D ordered by the Plaintiff, to KRW 80,300,00 (including the value-added tax), and the portion of electricity, telecommunication, and fire fighting construction works among the new construction works on four parcels, other than G, North-gu, Seoul, which was ordered by the F of a social welfare foundation F, to KRW 40,
C On December 23, 2011, the Defendant entered into a contract with the Defendant for the construction of the Defendant’s factory on H ground (hereinafter “instant construction”). On February 26, 2012, upon entering into a contract with the Plaintiff, the part of the electricity, fire fighting, and telecommunications construction during the said construction was subcontracted to the Plaintiff at KRW 35,20,000 (including value-added tax).
After that, the Plaintiff entered into the subcontract for the above kindergarten and the above subcontract for the childcare center, and around May 2012, the Plaintiff agreed with C to reduce the subcontract for the above Defendant factory and settle the price of the work to KRW 2,200,000 (including value-added tax).
C) Each of the above subcontracting costs of KRW 123,200,000 (i.e., the above subcontracting costs of KRW 80,300,000,000) was not paid in part, and on June 18, 2012, “C shall pay the Plaintiff KRW 48,50,000,00 to the Plaintiff by June 30, 2012.” The Plaintiff and C drafted an authentic deed with the same purport as the law firm I Certificates No. 1197 around that time, but C failed to comply with them. The Plaintiff received a collection order against KRW 50,700,000,00 from among the instant claims against the Defendant based on the notarial deed as above, and the Plaintiff received a collection order against the Plaintiff’s claims and KRW 301,000,000.