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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Presumed facts
A. On April 1, 2013, the Plaintiff was awarded a subcontract for reinforced concrete construction work (hereinafter “instant construction work”) from a Cheongju-si Joint Living Facilities/Urban Residential Housing Construction Corporation (hereinafter “Saju-si”) at KRW 1,518,798,540 of the construction cost.
B. On March 1, 2014, the Plaintiff completed the instant construction of the first and second floors reinforced concrete construction, and was not paid KRW 250,000,000 due to the construction of the said construction from the construction of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of
At this time, L&C guaranteed the obligation of the Plaintiff under the respective letter against the Plaintiff.
C. On April 30, 2014, the Plaintiff did not receive the progress payment amounting to KRW 120 million,000,000,000,000, as the Plaintiff did not receive the progress payment from the studs and L&W cases, even after having conducted a concrete building theory on the first floor floor (the first floor floor above the ground), among the instant construction works, and completed the provisional attachment registration on August 14, 2014, by taking into account the claim amount of KRW 370,000,000 (= KRW 250,000,000,000) as the claim amount of KRW 120,000,000,000,000).
On August 19, 2014, the Plaintiff: (a) obtained a notarial deed under a quasi-loan agreement with the effect that “Sash and L&WK’s obligation to the Plaintiff (hereinafter “instant obligation”) is KRW 120 million (payment period: September 17, 2014) and KRW 260 million (payment period: December 19, 2014); and (b) the said provisional attachment registration was revoked on August 26, 2014.” Accordingly, the said provisional attachment registration was revoked on August 26, 2014.
E. LAWK did not repay the instant debt to the Plaintiff, and concluded the instant trust agreement with the Defendant on August 29, 2014, and concluded it with the Defendant on the same day.