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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts (1) The defendant awarded a subcontract for construction work (including construction cost of KRW 410,00,000 (including value-added tax); period of construction work from May 12, 2015 to August 31, 2015; period of construction work; period of construction work of KRW 410,00,000 (including value-added tax); period of construction work from May 18, 2015 to August 31, 2015) to luminousia Co., Ltd. (hereinafter referred to as “miningia”) as the primary contractor of the oriental medical complex located in the household-Jacheon-gu Incheon Metropolitan City.
(2) On May 2015, the Plaintiff (re-subcontractor) and the construction period were determined from May 21, 2015 to August 24, 2015, and the construction price was KRW 188,100,000 for the construction of machinery and equipment.
(3) The Plaintiff started construction in accordance with the re-subcontract and continued to perform construction work. However, the Plaintiff paid only KRW 83,000,000 out of the total construction cost of KRW 188,100,000 until August 20, 2015, and did not pay the remainder construction cost of KRW 105,100,000.
(4) On August 21, 2015, the Plaintiff was unable to carry out construction due to the failure to pay the construction cost by luminous, and the Defendant drafted a direct payment agreement on the subcontract price with the purport to pay the subcontract price directly to the Plaintiff who is the sub-contractor.
[Grounds for recognition] Gap 1-5, Eul 7's entries, the purport of the whole pleadings
2. On August 21, 2015, the Plaintiff, the Defendant, and the Mineian drafted a direct payment agreement for subcontract consideration (A5) with the Plaintiff on the ground of the claim. This is to decide to transfer to the Plaintiff the part corresponding to the construction cost executed by the Plaintiff among the claims for the construction cost of the part executed by the broadband, and the Defendant consented thereto. As such, the Defendant is obliged to pay to the Plaintiff the remainder of KRW 32,00,000,000 and delay damages, excluding the construction cost of KRW 378,000,000 paid to the luminous from the construction cost under the contract concluded between the Defendant and the luminous.
3.(1) The ordering person shall be between the ordering person, the prime contractor and the subcontractor.