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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 - Around September 2015, the Plaintiff: (a) ordered the construction of a new house and a commercial building by Nonparty C Co., Ltd. (hereinafter “C”); and (b) received a payment of KRW 1,052,80,000 of the cost of the “multi-household house construction project located in Chungcheongnam-gun D; and (c) on March 21, 2016, the Defendant was awarded a subcontract from the Plaintiff for the title and metal construction (hereinafter “instant construction”) in the said construction amount of KRW 150,000,000.
The Defendant asserted that “the Defendant completed the instant construction work, but did not pay the remainder of KRW 125,00,000,000, out of the construction cost of the instant construction work,” as the court 2016Gu2462, and the Defendant applied for a payment order claiming the payment of the said money and damages for delay, and received a payment order accepting the said application on October 24, 2016, and the said payment order became final and conclusive since the Plaintiff did not raise any objection thereto.
(hereinafter referred to as the “instant payment order”), / [Grounds for recognition] of absence of dispute, entry of evidence Nos. 3 and 5, and the purport of the whole pleadings.
2. Assertion and determination
A. 1) The Plaintiff, the Defendant, and C, who are the ordering person, agreed to pay the subcontract price directly to the Defendant. As such, pursuant to Article 14(2) of the Fair Transactions in Subcontracting Act, the Plaintiff’s obligation to pay the contract price to the Defendant was extinguished. 2) The Defendant received KRW 32 million from the Plaintiff and C during the instant construction, and the remainder metal construction is to receive the payment from the Plaintiff and C, and the remainder metal construction is to be directly paid from C under a separate contract with C, and completed the construction, the Defendant did not have the right to claim the payment from the Plaintiff.
3) Therefore, compulsory execution based on the instant payment order shall not be permitted. (B) 1-1 of the above A-2 of the judgment as to the allegation (the allegation of non-performance agreement) and the evidence No. 4 (the Defendant’s seal image part is not a dispute, and the entire document is entirely executed.