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The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
Reasons
1. On September 15, 2017, the Plaintiff’s summary of the Plaintiff’s claim was subcontracted the construction of machinery among the new apartment construction works in Changwon-si, Changwon-si D, which was ordered by the Defendant C (hereinafter “Nonindicted Company”) from the Defendant.
The Plaintiff completed the construction of the above machinery and equipment. On November 13, 2017, the Plaintiff, the Defendant, and the non-party company entered into a direct payment agreement that the non-party company ordering shall directly pay the price to the Plaintiff in accordance with the Fair Transactions in Subcontracting Act (hereinafter “subcontract Act”). Upon the Defendant’s request for the postponement of payment to the non-party company, the Plaintiff did not receive KRW 165,010,242 from the non-party company.
The defendant's request for withholding payment constitutes a tort that infringes the plaintiff's claim, and thus, the plaintiff suffered losses for which the payment of the construction cost is not made, and thus the defendant is obligated to pay the above KRW 165,010,242 to the plaintiff.
2. There is no evidence to prove that the defendant requested the non-party company to withhold the payment of the subcontract price to the plaintiff, and that the above request constitutes an infringement of the plaintiff's claim.
The plaintiff shall again pay to the plaintiff, since the defendant received dividends as a provisional seizure authority in the procedure of compulsory auction for the real estate of the non-party company.
However, as long as the Plaintiff’s claim against the Defendant is deemed to have already been extinguished by a direct payment agreement pursuant to Article 14(2) of the Subcontract Act, it is difficult to recognize that the Defendant had the same obligation to the Defendant. It is difficult to deem that the Defendant’s demand for distribution in the capacity of the creditor against Nonparty Company constitutes infringement of the Plaintiff’s claim.
The plaintiff's claim is dismissed for lack of reason.