1. The plaintiff's claim is dismissed.

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

1. Judgment on the ground of the Plaintiff’s claim

A. Facts of recognition 1) The Defendant is the E Co., Ltd. (hereinafter “E”) on September 5, 2018.

B) As between the project, 15 reinforced concrete construction works (hereinafter “instant construction”) among the construction works for constructing other canal wells on the land, etc. in the Gyeonggi Pyeong-gun F.

) A subcontract agreement which provides that construction cost of KRW 376,987,063 (the wage under Article 88 of the Framework Act on the Construction Industry and Article 84 of the Enforcement Decree of the same Act shall include KRW 212,019,250, value added tax) shall be determined during the construction period from September 5, 2018 to April 20, 2019 (hereinafter referred to as “instant subcontract agreement”).

2) E completed the instant construction work around 2019.

3) On January 20, 2019, the Plaintiff filed an application against E for a payment order of personnel expenses with the Suwon District Court Branch Branch Branch Branch 2019j.14. On January 20, 2019, the Plaintiff received a payment order from the Plaintiff at the rate of 15% per annum from February 8, 2019 to the date of full payment. The above payment order became final and conclusive on February 22, 2019. (4) The Plaintiff filed an application for a seizure and collection order of the claim with the Cheongju District Court 2019TTTT1804 for the execution of the claim based on the above payment order, and on March 22, 2019, the Plaintiff received the instant payment order from the Defendant [this case’s third obligor E’s claim against the Defendant, which is prohibited from seizure under Article 88 of the Framework Act on the Construction Industry (hereinafter “wages”) and the instant collection order against the Defendant (excluding wage of 2009 won and 2509 won).4.25.29.4.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence No. 1, the purport of the whole pleadings

B. According to the above facts of recognition, the defendant is obligated to pay the collection amount of KRW 40,594,802 and delay damages to the plaintiff, who is the person entitled to collect the claim for construction price of this case according to the collection order of this case, unless there are special circumstances.

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