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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 Plaintiff, who operates a gas station, supplied oil from March 31, 2014 to Boenna Co., Ltd. (hereinafter “ Boenna Co., Ltd.”) who was awarded a contract for part of the construction work of the Mansan-si, Gunsan-si Apartment Complex Construction Work, from March 31, 2014 to August 11, 2014, and the oil price is KRW 156,549,521.
B. A business entity that supplied goods or subcontracted the above construction work to U.N., including the Plaintiff, required U.N. to allow U.N. to pay U.N. directly to U.N., the Defendant, who is the contractor, when suspending construction work on August 11, 2014 and delaying the payment of goods or subcontract price.
Accordingly, around August 2014, Boenna: (a) around the end of 2014, U.N. requested the Defendant to consent to the direct payment of the price for goods, including the Plaintiff, or the creditors of the subcontract consideration; (b) the Defendant accepted the request and accepted the Defendant’s direct payment of the portion arising until July 2013 out of the creditors’ claims on U.N.; and (c) Boenna’s oil payment that the Defendant directly paid to the Plaintiff is KRW 139,765,769.
C. From September 2014, the Defendant directly paid the price of goods or the price of subcontract to some creditors of Boenenman from around September 2014, but did not pay the Plaintiff the price of oil.
Then, the Plaintiff’s provisional attachment (this court’s 2014Kahap190, claim amount 156,549,521) against the Defendant of Boenman on the basis of the above fuel payment claim, and the payment order (this court’s 2014 tea1273) seeking payment of the oil amount against Boenman on November 19, 2014 became final and conclusive on December 5, 2014, the Plaintiff received a collection order under this court’s 2014TT7454 to transfer the above provisional attachment to the principal attachment and issued such order to the Defendant as the garnishee on December 10, 2014.
E. On the other hand, in addition to the plaintiff, the above construction work is also related.