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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On December 20, 2013, the Defendant contracted for “C Formation (10 Tools)” (hereinafter “instant construction”). On February 25, 2014, the contract amount with D Co., Ltd. (hereinafter “D”) and soil construction during the construction, the contract amount was KRW 1.82,6 million (including value-added tax, and was reduced to KRW 1,297,018,000) and the construction period was extended from February 25, 2014 to February 24, 2015 (hereinafter “instant subcontract”). Each subcontract was concluded (hereinafter “instant subcontract”).
B. On February 4, 2014, the Defendant entered into an agreement on direct payment of the subcontract price (hereinafter “direct payment”) with the content that the subcontractor shall directly pay the subcontract price under the subcontract agreement to D and Busan Urban Corporation, the ordering person, and the subcontractor (hereinafter “direct payment agreement”).
C. On April 3, 2015, the Plaintiff filed an application for provisional seizure of claims against KRW 124,722,700, out of the claim for construction price under the subcontract that D holds to the Defendant (Seoul District Court Branch Branch Branch 2015Kadan666), and the Busan District Court East District Court rendered a ruling of accepting provisional seizure on April 28, 2015 (hereinafter “decision of provisional seizure”), and the written decision of provisional seizure was served on the Defendant on May 1, 2015.
On March 11, 2015, the Plaintiff filed a lawsuit against D for the claim for the payment of the construction cost [the Busan District Court Branch 2015da5943, 2015dan208292 (Counterclaim)], and the Busan District Court rendered a judgment on March 29, 2017 that “D shall pay to the Plaintiff the amount of KRW 104,403,643 and the delay damages therefor,” and the appeal was dismissed on September 28, 2017 (the main claim), and the judgment was finalized on October 25, 2017.
E. On October 16, 2017, the Plaintiff is unpaid to the Defendant as of May 1, 2015, for which the notice of provisional seizure was served on the Defendant.