1. The plaintiff's claim is dismissed.

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

Facts of recognition

A. A Co., Ltd. (hereinafter “A”) was established on February 20, 199 as a company engaged in the business of manufacturing ships and structures, the business of processing ships, etc.

B. Since the registration as the Defendant’s intra-company subcontractor in 2004, A received orders from the Defendant to install pipes in a ship and performed them.

C. On September 2, 2016, the Defendant paid KRW 257,683,005 to D, a representative of workers of A. D.

A was declared bankrupt on September 26, 2016 by Busan District Court 2016Hahap1013, and the plaintiff was appointed as a trustee in bankruptcy on the same day.

E. On October 21, 2016, the Plaintiff asked the Defendant about the progress payment and the details of repayment to A.

F. Accordingly, on October 25, 2016, the Defendant sent to the Plaintiff a detailed statement of outsourcing expenses, etc. to the effect that “A paid KRW 682,417,583 as at the time it ceased work on July 18, 2016, but the Defendant paid KRW 257,648,05 to the employee representative D in accordance with the three-party direct payment agreements, including the Defendant, A, and A’s employees, thereby having remaining KRW 424,769,578.”

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 6 (including those with a serial number; hereinafter the same shall apply), assertion of the parties to the whole pleadings

A. Plaintiff 1) The Defendant should pay the Plaintiff the remainder of KRW 360,029,218, excluding the amount of KRW 64,740,360, which was attached by the National Health Insurance Corporation prior to the declaration of bankruptcy among the construction price obligations of KRW 424,769,578, and the delay damages therefor, to the Plaintiff. 2) A does not transfer the right to claim the construction price against the Defendant, but only requested the Defendant to transfer the remainder of the construction price, excluding the amount of the construction price, the payment of which is prohibited by seizure, etc., from the construction price, to the account in the name of D.

3 Even if A transferred the claim for construction price against the Defendant to D, as alleged by the Defendant, the object is seizure and provisional seizure until the time.