1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Plaintiff, as an implementer of the construction of the construction of the construction of the construction of the construction of the construction of the construction of the construction of the construction of the construction of the construction of the construction of the construction of the construction of the construction of the construction of the construction of the construction of the construction of the construction of the construction of the construction of the construction of the construction of the construction of the construction of the construction of the construction of the construction of the construction of the construction of the construction

On June 13, 2009, Daedong Comprehensive Construction subcontracted to the Defendant for the payment in cash of the supply price of the US Corporation (hereinafter “instant Construction”) of KRW 590,00,000 (value of KRW 536,363,636, value-added tax 53,636,36,364).

B. Meanwhile, the large comprehensive construction was in the commencement of corporate rehabilitation procedures from February 19, 2009, and the Plaintiff, a contractor, paid the construction price to the subcontractor directly to the subcontractor.

Accordingly, the Plaintiff paid the Defendant KRW 31,835,200, totaling KRW 331,835,200 on August 26, 2009, KRW 27,000 on September 27, 2009, KRW 00 on September 28, 2009, KRW 114,40,000 on September 28, 2009, and KRW 145,435,20 on November 145, 209.

Upon the Plaintiff’s request, the Defendant received a loan of KRW 140 million from the Korea Savings Bank on March 2010, and the Plaintiff paid KRW 140,000,000 to the Defendant by repaying KRW 90,567,476, and KRW 49,430,524 on behalf of the Defendant to the Korea Savings Bank on October 7, 2010.

On July 5, 2010, the Plaintiff paid KRW 30,000,00 to the Defendant as the instant construction cost.

On the other hand, on June 25, 2010, the Plaintiff obtained approval for the use of the Flaice 1, 2, 3, and 4 complexes on October 25, 2010.

C. The Defendant filed an application against the Plaintiff for the payment order of the instant construction cost with Busan District Court No. 201 tea 16814. The Defendant deducted KRW 510,835,200 ( KRW 331,835,200 from the construction cost of KRW 590,000 and KRW 140,000 from the Plaintiff’s payment of the construction cost of KRW 590,835,200,000 from the Plaintiff, and decided to reserve the construction cost for the purpose of warranty bond, etc. between the Plaintiff and the Plaintiff.