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1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. As between September 1, 2014, Defendant C entered into a contract (see attached Form A No. 1-1; hereinafter referred to as “instant contract”) with respect to the construction of a new neighborhood living facility in both weeks, the contract amount of KRW 690 million and the construction period from September 15, 2014 to January 15, 2015, with respect to the construction of a new neighborhood living facility in both weeks (hereinafter referred to as “new construction project in this case”). At the time D’s seal impression as a corporate agent of Defendant B (hereinafter referred to as “Defendant B”), Defendant C (hereinafter referred to as “instant contract”), and signed and sealed Defendant B’s site agent.
B. As between the Plaintiff and the Plaintiff on September 16, 2014, D entered into a subcontract (see attached Form A No. 1-2; hereinafter “instant subcontract”) with respect to the instant new construction works involving steel reinforced concrete works (hereinafter “instant construction”), the contract amount of KRW 116 million and the construction period from September 16, 2014 to October 30, 2014. D affixed the seal impression of the Defendant B, which was dried from F, as seen earlier, to the principal contractor’s agent.
C. On October 2014, the Plaintiff completed the instant construction work, and received only KRW 30 million out of the instant construction cost from D.
[Reasons for Recognition] Facts without dispute, Gap evidence 1-1 and 2, witness D's testimony and purport of the whole pleadings
2. The allegations and judgment of the parties
A. The gist of the Plaintiff’s assertion was that the Plaintiff entered into a subcontract with Defendant B on the instant construction project and completed the construction work. Defendant B, the principal contractor, paid only KRW 30 million out of the construction cost of the instant case, but did not comply with the Plaintiff’s request for the payment of the remainder.
Therefore, the Plaintiff directly claims 86 million won for the remainder of the subcontract price pursuant to Article 14 of the Fair Transactions in Subcontracting Act to Defendant C, the client, and the Defendant B, the subcontractor, as a preliminary one.