1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. The Plaintiff is a construction company that has received construction works from the owner of the building in Dong-gu, Gangwon-do.

On August 18, 2017, the Defendant entered into an elevator installation contract with the Plaintiff to install one elevator at the same construction site with the amount of 37.4 million won (including value-added tax).

(hereinafter “instant contract”). The Defendant completed the installation of an elevator under the instant contract, but was not paid KRW 3740,000 out of the construction price.

On the other hand, the electronic tax invoice of KRW 3,740,00 was issued on August 25, 2017 by the supplier, the supplier, and the supplier as the Plaintiff, and KRW 22,440,00 on November 29, 2017, and KRW 3,740,000 on January 5, 2018.

On July 23, 2018, the Defendant filed an order to pay the Plaintiff with the Seoul Southern District Court (Seoul Southern District Court 2018 tea140421) to the effect that “the Plaintiff shall pay the Defendant KRW 3740,000 and its delay damages.”

[Ground of recognition] Facts without dispute, entry of Eul's evidence Nos. 1 to 4, purport of the whole pleadings

2. The parties' assertion that the plaintiff delivered a statement that the construction cost would be paid directly by the owner when cancelling the construction contract due to dispute over the construction cost between the owner and the owner. The owner and the defendant could not issue the tax invoice. Thus, the plaintiff merely issued the tax invoice upon the request of the owner to issue the tax invoice instead, and the plaintiff did not have the obligation to pay the construction cost to the defendant.

In this regard, the defendant did not have any opinion that the owner would pay the construction cost from the plaintiff, and did not agree thereto, so the plaintiff should bear the obligation as a party to the contract of this case.

3. Determination

A. The acquisition of a contract aimed at the succession of the status as a contracting party to the relevant legal doctrine takes place from the contract.