beta
Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On July 19, 2017, the Defendant awarded a contract from C Co., Ltd. for the pipe and table construction work of a D Co., Ltd.’s secondary factory. On July 19, 2017, the Defendant subcontracted the said construction work to the Plaintiff at KRW 530,000,000 of the construction cost.
(hereinafter “instant subcontract”). (b)
After that, the Plaintiff continued the instant construction work, and the dispute with the Defendant arose due to the issue of payment of construction cost, etc., and ceased the instant construction work around October 27, 2017.
C. The Plaintiff received the following money from the Defendant:
Serial Temporary Amount 1: (a) KRW 511,360,000 in total, KRW 511,360,000,000 on September 22, 2017, 2017, KRW 320,000 on October 26, 2017, 26. 83,460,000 on October 26, 2017;
D. On February 7, 2018, the Plaintiff filed an application for provisional attachment against the Defendant with the Ulsan District Court on the ground that not only performed the instant construction work but also performed the additional construction upon the Defendant’s request, etc., and did not receive the payment, and the said court rendered a provisional attachment order on February 9, 2018.
(Court 2018Kahap67). e.
Accordingly, on March 28, 2018, the Defendant raised an objection against the above provisional attachment ruling. On May 11, 2018, the above court revoked the provisional attachment ruling and dismissed the Plaintiff’s application for provisional attachment on the ground that the Plaintiff’s assertion on the preserved claim is insufficient.
(Reasons for recognition) / [Ground for recognition] / 2018Kahap124] / [Ground for recognition] / Each entry in Gap's 1, 2, 6, 10 through 14, Eul's 1 through 6 (including branch numbers; hereinafter the same shall apply), and the purport of the whole pleadings
2. The plaintiff's assertion not only carried out the instant Bodo Construction in accordance with the instant subcontract, but also carried out additional wing and HOK UP construction at the defendant's request (hereinafter "the instant additional construction"), and "the 1 factory repair work of the D Company is below".