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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 that manufactures industrial machinery, etc., and the Defendant is a company that carries on soil construction business.
B. The Defendant: (a) contracted C&D from the NN Co., Ltd., Ltd. (hereinafter “NN”); and (b) subcontracted to the Plaintiff the supply and installation of the expanded H materials (hereinafter “instant construction”).
C. The Plaintiff performed the instant construction work by March 2015. The Defendant settled the price of the said construction work at KRW 110,000,000 between the Plaintiff and the Plaintiff, and paid it by April 30, 2015.
However, the Defendant failed to transfer the financial difficulties, and eventually agreed on the division of construction with the NNB, and the Defendant’s representative director B prepared a repayment plan (hereinafter “instant repayment plan”) as follows on April 1, 2015, around the Plaintiff’s future.
According to the repayment plan: The plaintiff debtor: the defendant's amount of credit: 50,000,000 won (Additional) shall be paid as follows:
Date of reimbursement: Amount repaid on December 31, 2015: KRW 50,000,000: Provided, That the above obligation becomes extinct when repayment is made by September 30, 2015.
The above obligor B (Signature): The above obligation is irrelevant to the contract with the NAN during the period of Japan, separate from the NA.
Plaintiff
earing
E. On the other hand, around April 24, 2015, the following settlement agreements (hereinafter “instant settlement agreements”) were made between the NAN and the Plaintiff.
The settlement agreement: The name of the Corporation: The amount agreed upon by the Plaintiff: 35,000,000 won (additional tax separately): The method of paying the amount: May 8, 2015 (cash Payment) with respect to the foregoing project, the settlement agreement shall be reached between July 1, 2014 and March 31, 2015 on all the details of transactions invested by the Defendant in the file work, and no civil or criminal objection shall be raised.
The original contractor: the name of the NN (person): Plaintiff (person)
(f) in addition;