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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 gist of the parties’ assertion is that the Plaintiff was awarded a contract with the Defendant for fire fighting construction of KRW 291.5 million for the three underground floors and the ten-story buildings located in Jung-si (hereinafter “the instant building”) located in Ku Government-si, and completed that contract, but only KRW 175 million was paid, and thus, the Plaintiff sought payment of the remainder construction cost and damages for delay from the Defendant.
Accordingly, the defendant asserts to the effect that the plaintiff cannot respond to the plaintiff's request because he denies the conclusion of the contract with the plaintiff on fire-fighting construction and entered into the fire-fighting construction contract with D Co., Ltd. (hereinafter "D").
2. Determination
A. We examine whether the Plaintiff entered into a contract with the Defendant for fire-fighting system installation works of the instant building (hereinafter “instant fire-fighting system installation”).
1) According to the statements in Gap evidence Nos. 1, 3, 4, and 6, the plaintiff completed the registration of fire-fighting system business as the trade name "E" on or around April 2001, and the registration of fire-fighting system business as "specialized fire-fighting system construction business" under Article 4 (1) of the Fire-Fighting System Installation Business Act. On August 30, 2017, the plaintiff was issued a certificate of completion inspection of fire-fighting system by the owner of the building in this case from the owner of the building in this case as the plaintiff and the fire-fighting system construction business operator as the plaintiff, and the defendant was issued a certificate of completion inspection of the fire-fighting system; from the bank account in the defendant's name to the bank account in the defendant's name, the fact of transfer of KRW 95 million from the bank account in the defendant's name to KRW 30 million on March 13, 201, and KRW 50 million on March 13, 2017.
3. Furthermore, according to the statements in the evidence Nos. 1, 2, and 3-1, 3-2 and the testimony of the witness F, the defendant is the electrical construction of the building of this case and the communication corporation and the witness F.