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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The following facts may be found either in dispute between the parties or in combination with Gap evidence Nos. 1, 2, and 10 (including those with serial numbers), Eul evidence Nos. 2 to 18 (including those with serial numbers), and the testimony of the witness C as a whole. A.
The Plaintiff is a representative director of D Co., Ltd. (hereinafter referred to as “D”) who is engaged in interior construction business, etc. and is engaged in wholesale and retail business of construction materials in the trade name of “E”.
B. C is a person who has a name stating that the Plaintiff’s G is registered as a representative director, and works together with the Plaintiff, as well as D and F (hereinafter “F”).
C. On September 19, 2014, the rehabilitation company was awarded a subcontract for construction cost of KRW 5,049,281,752 (including value-added tax) with respect to the interior construction business, artificial design business, etc. from Samsung C&T Co., Ltd. for the interior construction business (hereinafter “the instant interior construction business”).
The Plaintiff, along with C, was notified of the successful tender by the rehabilitation company by submitting a quotation (in total of KRW 149,922,200, labor cost, KRW 277,015,90, and KRW 21,346,905, and KRW 448,280,00,000, including material cost, KRW 277,000, labor cost, KRW 277,015,90, and KRW 21,346,905, and KRW 100,00, in the name of D) on the site descriptions of the instant Rotterdam Corporation (hereinafter referred to as the “instant Rotterdam Corporation”), among the instant Rotterdam Corporation, which was in progress with C.
E. On the ground that “In the event that a rehabilitation company and D concludes the instant light-form construction contract, it is in violation of the provisions on the restriction on sub-subcontracts,” the head of the site office of the rehabilitation company: (a) requested the Plaintiff to conclude a contract by separating materials and labor from the Plaintiff; and (b) on January 14, 2015, the contract between the rehabilitation company and the Plaintiff for the supply of light-form steel materials of KRW 157,413,505 (excluding value-added tax) (hereinafter “instant supply contract”); and (c) on the same day.