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1. The part of the judgment of the court of first instance against the defendant shall be revoked.
2. The plaintiff's claim as to the above cancellation part is dismissed.
Reasons
1. Basic facts
A. The Plaintiff is a person who is engaged in temporary installation, reinforced concrete, or civil engineering work business, and the Defendant (non-Ss. and 00.0) is a company with the purpose of construction and civil engineering work business.
B. On July 11, 2014, the Plaintiff entered into a contract with the Defendant to supply and demand the temporary installation, reinforced concrete, and civil construction cost of KRW 703,00,000 (hereinafter “instant construction cost”) among the new construction works in the Cheongdo-gun, Cheongdo-gun, C, D, and E on land (hereinafter “instant contract”) and completed the construction work on September 11, 2014.
C. As the Plaintiff did not timely pay the instant construction cost, on April 23, 2015, the Daegu District Court 2015Kadan1898 claimed as KRW 443,561,272, the Plaintiff applied for a payment order ordering the Defendant to pay the amount equivalent to the said claim amount under the Daegu District Court 2015Kadan2289, with the amount claimed as KRW 443,561,272 (hereinafter “first provisional attachment”).
1) On May 28, 2015, the Plaintiff agreed between the Defendant and the Defendant to deduct the material cost and personnel expenses for the period of mutual payment confirmed in the instant construction cost, and to pay the unpaid material cost, outsourcing cost, and human wage in the future directly to the subcontractor, etc. In addition, at the same time, the Defendant received the first provisional attachment from the Defendant with priority payment, and at the same time, revoked the execution of the first provisional attachment and to withdraw the application for the payment order. 2) After receiving KRW 30 million from the Defendant pursuant to the above agreement, the Plaintiff revoked the first provisional attachment and then withdrawn the execution, and the said application for the payment order was also withdrawn.
E. 1 The Defendant did not pay the material price, etc. to the subcontractors thereafter, and the Plaintiff, on July 9, 2015, with the claim amounting to KRW 413,561,272 as the Daegu District Court 2015Kadan3544, the Plaintiff was not the Cheongdo-gun B, the Defendant owned.