1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. 1) On November 3, 2012, the Defendant entered into a contract for construction works with C Co., Ltd. (hereinafter “C”) that operates manufacturing business, such as air exhausters, motors, electric motors, electric motors, and metal-types (hereinafter “C”).

B) Between the construction project and the construction contract for the construction project, the construction cost of KRW 174,900,000 and the construction period of KRW 174,90,000 with respect to the new construction project of Gyeonggi-gu D-based D-based D-based D-based D-based D-based D-based (hereinafter “instant construction contract”).

(2) The Defendant completed the construction work under the instant construction contract.

B. The Defendant ordered payment orders and the final and conclusive payment order against the Plaintiff, who is the representative (in-house director) of C under the instant construction contract, to claim payment of KRW 69,900,000 under the instant construction contract, and damages for delay calculated at the rate of 15% per annum from the day after the original copy of the payment order was served to the day of complete payment. The above court issued the payment order on October 30, 2015, and then the above payment order became final and conclusive at that time.

(hereinafter referred to as “instant payment order”). [Grounds for recognition] The fact that there is no dispute, Gap evidence No. 1, Gap evidence No. 2, Eul evidence No. 1, and the purport of the whole pleadings.

2. The contractor of the instant construction contract asserted by the Plaintiff is C, and C is merely obligated to pay the construction cost of this case to the Defendant.

Nevertheless, the instant payment order ordering the Plaintiff, as the representative of C, to pay the above construction cost of KRW 69,900,000 and delay damages therefor, on the premise that the Plaintiff, as the representative of C, is liable for the payment of the construction cost, was issued unfairly, so its enforcement force shall

3. Determination

A. As to whether the Plaintiff is liable to pay the construction price of the instant case to the Defendant, evidence Nos. 1, 2, and 5 (Evidence No. 5, and evidence Nos. 4 and 5 are acknowledged in full view of the purport of the entire pleadings as to the appraisal result of the appraiser F of the instant court).