추심의 소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The following facts may be found either in dispute between the parties or in full view of the entries in Gap evidence 1, the witness Gap's testimony, the witness Eul's partial testimony and the whole purport of pleadings:
Around July 11, 2013, the Defendant awarded a contract for the new construction of the Seo-gu Seo-gu Seoul Special Metropolitan City (hereinafter “instant construction”) and subcontracted D Co., Ltd. (hereinafter “D”) the construction of reinforced concrete (hereinafter “instant construction”) out of the said construction work to cover KRW 1,507,00,000 (including value-added tax) for cost, on September 10, 2012.
B. On August 7, 2013, the Plaintiff paid KRW 75,350,00 as the advance payment of the instant construction work to D.
C. On October 28, 2013, the Plaintiff prepared a “written consent to the payment of wages, material costs, equipment costs, and all other amounts incurred during the execution of the instant construction to the creditors related to the construction,” with the content that “I agree to do not raise any civil or criminal objection under any pretext,” and delivered it to A at the site manager of the Defendant.
The Defendant deposited the instant construction work to F 30,00,000 won, G 4,000 won, and 4,000,000 won to H on November 13, 2013, to H 1,870,000 won, and to J 1,876,000 won, to K 1,784,07,00 won, and 1,47,000 won, to L 1,784,000, and 1,47,000 won, for 1,023,000,000 won, and 4,000,00 won, for 30,000,00 won, for 30,000,00 won, for each of the instant construction work under the name of 1,37,000 won, 300,000 won, 1,300,000 won, 36,308,004,0000