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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. On November 15, 2010, the Plaintiff concluded a subcontract (hereinafter “instant primary contract”) with respect to the “Landscaping works” among the C works ordered by the Defendant and the Defendant to the Defendant, with a contract amounting to KRW 617,332,100 on or around November 15, 201, and concluded the construction on or around November 15, 201. Around April 25, 2011, the Plaintiff concluded an additional subcontract with the amount to KRW 3,310,283,90 for the final contract amount by increasing the amount due to the additional works (hereinafter “instant secondary contract”) and concluded an additional subcontract with the Defendant around December 28, 2013.
B. As to the payment of the price in the first and second contracts of this case, the following provisions are applicable:
(2) Payment shall be made within 15 days from the date of receipt of the order, in proportion to the contents and proportion of the consideration, within the period from the date of receipt of the order.
C. Although the Defendant paid to the Plaintiff the full payment of the price under the instant secondary contract, the Plaintiff did not partially pay the price under the instant secondary contract. Accordingly, on September 11, 2014, the Plaintiff filed a report with the Fair Trade Commission (2014Gu2996) on August 28, 2015, on the ground that the Defendant committed an act of subcontracting the payment of KRW 542,091,70 among the construction price under the instant secondary contract, ② interest in arrears, ③ interest in arrears, and ④ unpaid fees for the bill delivered by the Defendant, ④ unfair subcontracting, such as the failure to pay discount fees, etc., and the Plaintiff drafted a written agreement (hereinafter “instant agreement”) with the Defendant on September 2, 2015, and withdrawn the said report on September 2, 2015.
The Plaintiff and the Defendant agree with respect to the cost settlement portion as follows:
① The daily paid-in KRW 100,000 (10,000) was paid to the Plaintiff in cash on December 31, 2014 and twice on February 17, 2015. ② The daily paid-in capital of KRW 100,000 (150,000,000) out of the remaining amount, and the bill 50,000,000,000.