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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. On May 22, 2018, 914, 132 8,741, 164, 22,914, 1328, 742, 1328, 741, 164. 6. 8, 741, 1647, 296, 2910 16,037, 455, 3036, 238, 71023, 276, 2666, 278, 278, 268, 268, 268, 268, 268, 306, 164, 308, 164, 1984, 296, 305, 306, 305, 306, 308, 406, 198
A. The Plaintiff holds the outstanding claim in C Co., Ltd. (hereinafter “C”) as listed below.
B. The Defendant awarded a contract for mechanical, fire-fighting, and gas automatic control works among the above apartment construction works to the Nam-gu Seoul Metropolitan Government E apartment market works.
C. On September 11, 2018, according to C’s order, the Plaintiff supplied a total of KRW 47,633,670, including pipes, to the relevant E apartment site on two occasions on September 12, 2018 and October 1, 2018, but did not receive the price of the goods from C.
Since there was a default on payment to C around December 2018, the Plaintiff filed a direct payment claim against the Defendant pursuant to Article 14 of the Fair Transactions in Subcontracting Act (hereinafter “subcontract”) regarding KRW 47,63,670 of the above goods price.
2. The facts described below are either in dispute between the parties or in accordance with Gap evidence Nos. 3-6, 8, and Eul evidence Nos. 2, 7, 9, and 10 (including paper numbers), witness F's partial testimony, and witness G's testimony.
In the instant case, KRW 47,633,670, which the Plaintiff claimed direct payment against the Defendant, is not related to the goods related to the main construction (including value-added tax, in total equivalent to KRW 7.3 billion - No. 1-2) that the Defendant contracted to C during the instant apartment construction, but related to the excellent pipeline reconstruction construction (hereinafter “instant additional construction”) that was additionally concluded in addition thereto.
The instant Additional Corporation is a contract equivalent to KRW 120,000,000. The Defendant shall pay the construction price to C.