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1. The part of the Plaintiff’s lawsuit of this case claiming KRW 20,000,00 shall be dismissed.
2. The plaintiff's remaining claims are dismissed.
Reasons
1. Basic facts
A. On February 2, 2018, the Plaintiff entered into a contract for construction works with the terms and conditions that the contract amount was set at KRW 209,00,000, and March 31, 2018 as of March 31, 2018 of the contract amount per day delayed in delay (hereinafter “instant contract for construction works”).
B. Around that time, the Plaintiff commenced the instant construction, and around March 5, 2018, Nonparty E, the Plaintiff’s creditor, (hereinafter “Nonindicted Company”) received a seizure and collection order (Seoul Western District Court Decision 2018TTTT1856, hereinafter “instant claim seizure and collection order”) against KRW 20,00,000 among the claim for construction payment under the instant construction contract, and served on the Defendant.
Since the construction was not implemented properly, the Plaintiff failed to complete the instant construction project by March 31, 2018, which was the completion date of the relevant construction project.
C. Upon the delay in construction as above, on March 29, 2018, the Plaintiff agreed to the Defendant in direct payment of KRW 89,300,00 (including additional tax) for the part of the part of the construction work to the subcontractor. The remaining construction works (including remainder 62,70,000 (including additional tax) have been undertaken in accordance with the terms and conditions of the contract, and us have promised to be fully responsible for all civil and criminal matters arising from the direct payment of the construction cost.” On April 12, 2018, the Plaintiff’s site manager entered into a contract on March 31, 2018 on behalf of the Plaintiff, but the process was not carried out due to the instant claim seizure and collection order, and the construction was not completed, and the Defendant was directly responsible for the construction work, and the Defendant directly responsible for the payment of films, etc. after April 2, 2018.