1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. A. On May 29, 1998, the Plaintiff was awarded a contract with the Defendant for the construction cost of KRW 89,200,000 by determining “C Corporation” (hereinafter “instant construction”) as the construction cost of KRW 89,20,000.

The Plaintiff completed the instant construction, but failed to receive construction cost of KRW 47,440,000 from the Defendant (hereinafter “instant construction cost”).

B. Accordingly, the plaintiff filed an application against the defendant, D, and E for the payment order for the construction price of this case with Busan District Court Branch Branch 99j4962, March 18, 1999, and the defendant and E received a decision of rejection against D on March 18, 199, and the payment order to the effect that "the defendant and E shall pay to the plaintiff 47,440,000 won with interest of 25% per annum from the day following the delivery date of the original copy of the payment order of this case ( March 21, 199) to the day of complete payment (hereinafter "the payment order of this case"). The payment order of this case reached the defendant on March 20, 199 and became final and conclusive around that time.

C. The Plaintiff filed a lawsuit against the Defendant for the interruption of extinctive prescription of the instant payment order with the Busan District Court Decision 2016Da39756 against the Defendant (hereinafter “instant previous lawsuit”). In the instant case, the Plaintiff filed a lawsuit claiming construction cost, etc. with the purport that “the instant construction cost and damages for delay calculated at the rate of 25% per annum from March 21, 1999 to the date of full payment” (hereinafter “instant previous lawsuit”). On December 22, 2016, “1. the Defendant shall pay KRW 47,440,000 to the Plaintiff by June 30, 2017. If the Defendant fails to pay the said money by the payment date, the Defendant shall pay the unpaid penalty plus KRW 200,000,000 (hereinafter “instant penalty”). 2. The Plaintiff shall waive the remaining claims.”

) An establishment has been established (the fact that there is no dispute over the basis for recognition, the entry of Gap evidence 2, Eul evidence 4, the obvious facts to this court, and the purport of the whole pleadings.