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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. The Defendant is a juristic person established for the purpose of the installation and operation of a comprehensive funeral establishment by concluding an agreement for the establishment and operation of a funeral service establishment with the Si on March 25, 2009 and the “Agreement for the Promotion of the Establishment of Funeral Service Facilities in Si of
B. On August 30, 2012, the Plaintiff entered into a contract with the Defendant for civil engineering works among “the Construction Work of the Yongsan-si General Funeral Facility” (hereinafter referred to as “the Construction Work of the instant facilities”) to be carried out in Sejong-si, Suyang-si, 727-2, Suyang-si, the same as the instant land. From October 5, 2012 to January 31, 2013, the Plaintiff did not receive the construction payment from the Defendant.
C. The plaintiff is against the defendant.
On December 19, 2013, in order to pay the construction cost as stated in paragraph (1), the case at issue was transferred to the defendant on December 19, 2013 by the Gwangju District Court Decision 2013Kadan15270 (Transfer). On September 10, 2015, the Gwangju District Court Decision 1,178,496,000 won for the succeeding intervenor A (the same shall apply to the plaintiff in this case) and the subsequent intervenor B paid 150,000,000 won and delayed payment damages to the plaintiff (the plaintiff in this case) was pending in the appellate court as of Gwangju High Court Decision 2015 or 2156.
B. Around 2013Kahap356, Gwangju District Court filed an application for provisional injunction against entry to the effect that “the Defendant shall not enter the instant land, etc. or interfere with the Plaintiff’s possession.”
On May 8, 2014, Gwangju District Court rendered the following decision of recommending reconciliation (hereinafter referred to as "decision of recommending reconciliation in this case") with respect to the case of applying for provisional injunction against entry and exit, and the decision of recommending reconciliation in this case became final and conclusive around that time.
1. With respect to the contract for civil engineering works as of August 30, 2012, the recognition and amount of the construction cost between the applicant (the plaintiff) and the respondent (the defendant) shall be in the case No. 2013Ga15270 of this Court.