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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. The Plaintiff is a company running solar power generation facility business, etc., and the Defendant is a person who runs the electrical construction business in the name of “C”.
B. On September 13, 2013, the Plaintiff awarded D-powered Power Plant Construction Works with Korea Electricity Co., Ltd. (hereinafter “Korea Electricity Co., Ltd.”), and on December 11, 2013, the Korea Electricity Co., Ltd. subcontracted the said electrical construction works (hereinafter “instant construction works”) to the Defendant at the price of KRW 240 million (excluding value-added tax) (hereinafter “instant subcontract”).
C. On January 28, 2014 and March 14, 2014, Korea Electric Power Co., Ltd. consented to the Defendant’s direct payment of the price of the instant construction project from the Plaintiff. At that time, the Plaintiff agreed with the Defendant to pay the price of the instant construction project directly to the Defendant upon completion of the remainder of the construction project (hereinafter “instant agreement”).
[Ground of recognition] Facts without dispute, Gap 1, 2, 3, 5, Eul evidence 3-1, the purport of the whole pleadings
2. The assertion and judgment
A. Under the instant agreement, the Plaintiff asserted that the Plaintiff paid KRW 278,852,400,000 to the Defendant on January 15, 2014, KRW 9.66 million on January 28, 2014, KRW 15,556,00 on March 6, 2014, KRW 28 million on March 17, 2014, KRW 50,000 on March 18, 2014, KRW 71,836,40 on March 20, 2014, KRW 278,852,40 million on April 7, 2014, respectively.
However, even though the construction cost of this case under the subcontract of this case was later KRW 240 million, the Defendant received 278,852,400 from the Plaintiff and received the difference of KRW 38,852,400 from the Plaintiff, and thus, is obligated to return it to the Plaintiff.
B. The Defendant’s assertion is that the Plaintiff: (a) KRW 240 million for the instant construction cost stipulated in the instant subcontract agreement; (b) KRW 24 million for the value-added tax; and (c) KRW 10 million for the additional construction cost agreed with the Defendant on February 28, 2014; and (d) KRW 10 million for the additional construction cost agreed with the Defendant on February 28, 2014.