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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. On November 26, 2013, the Defendant and B entered into a contract with the following major parts.
A contractor: The name of the contractor: The construction period of the entire construction site for C-Newly constructed factory: D-gun and four parcels: the starting date on December 10, 2013, and the starting date on April 20, 2014: 1.298 billion won (including additional taxes).
B. On December 28, 2013, Defendant and E Co., Ltd. (hereinafter “E”) concluded a blanket subcontract with the following major contents (hereinafter “the entire contract for construction of this case”).
(E) The project owner: The name of the Defendant contractor: The construction site for the entire construction site for the new construction of a factory: D, Gyeong-gun, Gyeong-gun, and four parcels of land: The contract price on March 31, 2014, which was completed on December 28, 2013: KRW 1 billion (including value added tax) (the amount related to electricity, telecommunications, and electricity and fire fighting works on the detailed statement is KRW 86,191,66, including value added tax).
C. On February 21, 2014, the Plaintiff (the Plaintiff’s agent affixed G seal, which is the actual operator of E) and the Defendant concluded a contract with the main part of the following (hereinafter “construction contract for the instant electricity, etc.”).
The name of the project owner: The name of the project owner: the site for electricity, telecommunications, and electricity and fire-fighting construction works among the new construction works of factories C: D, Gyeong-gun, Gyeongnam-gun, and the site for four parcels construction works: the contract amount on March 31, 2014 after completion of February 21, 2014: 230 million won (including additional taxes) (including additional taxes).
D. At the request of G, the Defendant paid KRW 120 million to the Plaintiff on February 28, 2014.
【In the absence of dispute over the grounds for recognition, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1 (except for the part of the plaintiff; hereinafter the same shall apply), Eul evidence Nos. 2 (including the number of branch numbers; hereinafter the same shall apply), the witness H and G testimony, the fact-finding with respect to the director of the Kim Sea Tax Office of this court, and arguments.