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1. The plaintiff's appeal is dismissed.
2. The plaintiff's claim that was selectively added by this court is dismissed.
3...
Reasons
1. Basic facts
A. The Defendant is the ordering person who has awarded a contract to C Co., Ltd. (hereinafter “C”) for the new construction of the iron sources of the Association C Co., Ltd. (hereinafter “C”), and C subcontracted part of the instant construction to D.
The Plaintiff is a creditor who sells steel products, etc. in the trade name of “E” and has a claim for the price of materials against D.
B. D On July 14, 2017, among the claim for construction price against the Defendant, D received an order of seizure and assignment of the claim amounting to KRW 950,491,000 from among the claim for construction price against the Defendant (Scheon District Court 2017TTT2107; hereinafter “instant assignment order”), and the instant assignment order became final and conclusive on August 1, 2017.
C. During the construction process of the instant construction project, the Plaintiff suspended the supply of materials on the ground that the payment of the price of the materials is delayed. The Defendant, the ordering person, upon requesting the Plaintiff to re-supply the materials, issued a written consent for direct payment of the cost of construction. On July 31, 2017, the Plaintiff prepared a written consent stating that “In the process of performing the instant construction project, the Plaintiff would proceed with the construction as follows, have consented to the Defendant’s direct payment of the cost of construction, and have promised to waive the right of retention, etc. regarding the subsequent construction cost: The Plaintiff and the construction content: the delivery of the steel goods: 29,351,090 won: 29,351,090 won (the amount of the payment shall be written directly by the Defendant’s employees)” (hereinafter “instant consent”).
D On October 16, 2017, 2017, D drafted a written confirmation of performance that “I will give preferential payment to the Plaintiff for the construction cost to be received from the Defendant with respect to the total amount to be received from C at the present construction site of this case and the amount to be received by the Plaintiff at the present.” (hereinafter “instant written confirmation of performance”).
E. D. December 5, 2017