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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 person who runs the interior business with the trade name of “C,” and the Defendant is a person who runs the astronomical finishing construction business with the trade name of “D.”
B. On March 25, 2014, the Plaintiff was awarded a subcontract for the replacement of the Fran toilet and the worn-out pipeline in Yecheon-gu E (hereinafter “instant construction”) from the Gyeonggi Industrial Development Co., Ltd. (hereinafter “Mosan Industry”) for the construction cost of KRW 50 million (excluding value-added tax) and the construction period from February 24, 2014 to April 30, 2014, with an order from the Gyeonggi Industrial Development Co., Ltd. (hereinafter “Mosan Industry”).
(hereinafter referred to as “instant subcontract”). (c)
(1) On May 12, 2014, G and H entered into a re-subcontract (hereinafter “instant contract”) with the Defendant with respect to toilet S.M.C and partitions during the instant construction project, with respect to the construction cost of KRW 19,943,00 (including value-added tax) and with respect to the construction during the construction period from April 17, 2014 to April 30, 2014. The principal contractor column of the said contract stated “ Address: Address 1, 1, 3: Trade name: name in Suwon-gu, and name: G and H”.
G and H paid 5 million won as down payment to the Defendant at the time of entering into the instant contract.
(2) The location of the business place of C (hereinafter “C”) is “CJ in the Kug-si, Kug-si,” and was the same as the address indicated in the original business column of the instant contract.
The Defendant filed a lawsuit against G and H seeking payment of KRW 14,943,00,00 for the remainder of the construction cost under the instant contract as the Suwon District Court 2015 Ghana16231. On July 14, 2015, the conciliation was concluded that “1. G and H shall jointly and severally pay KRW 14,00,000 to the Defendant until September 30, 2015.”
E. The Defendant concluded the instant contract against the Plaintiff as Suwon District Court No. 2015 tea1281.