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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. The Defendant received respectively a contract for the first construction of the sewage terminal treatment facility B from Jeonnam-do, around January 2012, the second construction around March 2012, and the third construction around January 2013.
B. Of the above two and three works, the Defendant awarded a subcontract for molding and reinforced concrete construction to Bable Oil Construction Co., Ltd. (hereinafter “Bable Oil Construction”), which concluded a contract for construction with C in relation to subcontracted construction work. The Plaintiff, at the request of Bable Oil Construction, injected a digging pool to the said soil work site, from August 1, 2012 to September 30, 2013.
C. On June 19, 2012 and April 25, 2014, with respect to the construction of earth and sand among the two and third construction works of Jeonnam-do, Shinan-gun, the ordering person, agreed to pay the Defendant’s subcontract price for the construction of the further table. D.
In a way that the Defendant paid the subcontract price for the Nable Construction, or that the Nablean Group paid directly to the Nablean Group, the payment was completed as shown in the attached Form No. 2 from April 16, 2012 to January 27, 2014, and the amount of KRW 913,720,000 from February 8, 2013 to June 30, 2014.
E. On the other hand, D, the Defendant’s on-site director, drafted a written agreement with the execution participant C and Bable Construction that represented work workers on September 17, 2014, and the following contents are as follows, and the attached non-payment status includes KRW 57,605,00 for the Plaintiff’s equipment.
(hereinafter “instant payment agreement”) C. C / [Grounds for Recognition] without dispute, Gap evidence 1, Eul evidence 1-3, 9-14 (including each number), the purport of the entire pleadings.
2. The plaintiff's assertion is that the defendant is obligated to pay the unpaid amount of workers directly according to the payment agreement of this case, and even if not, D's head of the defendant's site.