1. The plaintiff's claim is dismissed.

2. As to the case of application for the suspension of compulsory execution by this Court 2019 Chicago1090, May 2019

1. Basic facts

A. On March 15, 2015, the Plaintiff entered into a subcontract with G Co., Ltd. (hereinafter “G”) with respect to the construction cost of the instant new construction project (hereinafter “instant new construction project”) at KRW 493,900,000 for the original beneficiaries of the F building construction project in Gangnam-gu Seoul and E (hereinafter “instant new construction project”). On July 16, 2015, the Plaintiff entered into a settlement agreement with the Plaintiff, setting the construction cost of KRW 514,80,000 for the construction cost of the instant new construction project at KRW 514,80,000.

B. The Defendant, a person operating H, performed the instant creative construction at the request of G, and had a claim for labor costs of KRW 19,349,000 against G.

C. The Plaintiff, G, and the Defendant: (a) on March 8, 2016, the Plaintiff was the Defendant.

Written consent to the direct and direct payment of KRW 19,349,000 as stated in the paragraph (hereinafter “written consent to the direct and direct payment”). D.

On March 17, 2016, the Plaintiff paid KRW 5,500,000 to the Defendant according to the written consent to the instant direct refusal.

E. The Plaintiff did not pay the remaining labor cost of KRW 13,849,00 (=19,349,000 - 5,500,000). The Defendant filed a lawsuit against the Plaintiff for the claim for construction cost under Seoul Southern District Court 2019 Ghana15043. On April 1, 2019, the said court rendered a decision on performance recommendation (hereinafter “decision on performance recommendation of this case”) stating that “the Plaintiff shall pay to the Defendant the amount calculated at the rate of KRW 13,849,00 and 15% per annum from April 6, 2019 to the date of full payment” (hereinafter “decision on performance recommendation of this case”).

F. On April 5, 2019, the Plaintiff’s decision on the instant performance recommendation became final and conclusive on April 20, 2019, because the Plaintiff was served with the instant decision on performance recommendation and did not raise an objection.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 6, the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. On March 29, 2016, the Plaintiff’s summary of the Plaintiff’s assertion was reserved for the payment of the construction cost of the instant Changho Construction Project against G due to the failure to submit the letter of warranty against defects in G. G.