1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On March 3, 2014, the Defendant entered into a subcontract (hereinafter “instant subcontract”) with E (hereinafter “E”) to subcontract the construction work among the construction works for housing complex in Seoul Special Metropolitan City, Gwanak-gu (hereinafter “instant construction work”) with E (hereinafter “E”) as the price of KRW 1,265,169,870, and the construction period from March 3, 2014 to June 30, 2015, and entered into a contract to extend the construction period on June 12, 2015 to E (hereinafter “instant subcontract”).

B. On November 12, 2015, the Plaintiff received a seizure and collection order of the amount up to KRW 63,456,301 out of the instant construction cost claim against the Defendant of the obligor E-third obligor as a claim to be seized and collected, and the said order was served on the Defendant on November 18, 2015.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's assertion that the defendant paid E the total amount of KRW 13,563,500 out of the progress payment for June under the subcontract of this case and KRW 93,563,500 out of the total amount of KRW 13,563,500,000 under the subcontract of this case, and paid E the total amount of KRW 38,910,000 among them as personnel expenses.

Therefore, the defendant is obligated to pay the remainder of 54,653,500 won and damages for delay to the plaintiff as the collection right holder.

B. The Defendant’s assertion E did not properly proceed with the construction, and waived the construction of this case, and did not incur KRW 80 million with the progress payment in July.

E has completed the settlement between the Defendant and the Defendant at the time of the waiver of the instant construction work, and the Defendant does not remain to pay the construction cost to E.

3. Determination

A. The Defendant’s payment of KRW 13,563,500 out of the claim amount of KRW 53,563,500 on July 31, 2015 (13j) was deferred and paid only the remainder of KRW 40 million;