The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Basic Facts

A. On September 28, 2018, the Plaintiff entered into a construction contract with D Co., Ltd. (hereinafter referred to as “D”) with respect to construction works for the E-ground neighborhood living facilities and officetels (hereinafter referred to as “new construction works in this case”) located in Gyeongnam Development-gun, with the construction cost of KRW 2,915,00,000, and the construction period of KRW 2,915,000,000, from September 28, 2018 to March 31, 2019 (hereinafter referred to as “instant contract”).

B. On October 1, 2018, D entered into a subcontract with the Defendant regarding the title, glass, and metal works (hereinafter “instant creative works”) among the new construction works in the instant case, with the cost of construction KRW 198,00,000, and the construction period from October 1, 2018 to March 31, 2019 (hereinafter “instant subcontract”). Since then, the instant subcontract amount was increased to KRW 219,890,000.

C. On December 18, 2018, the Defendant commenced the instant Changho Construction and completed it around March 2019.

D paid to the Defendant the sum of KRW 99,00,000,000 on December 20, 2018, and KRW 66,000,00 on January 31, 2019.

E. On October 1, 2018, F of D’s representative director: (a) forged a direct payment agreement (No. 4; hereinafter “instant direct payment agreement”) stating that “the ordering G company H and one other person directly pays the instant subcontract price to the Defendant, the subcontractor,” and (b) sent it to the Defendant who is unaware of the aforementioned forgery on October 31, 2018; and (c) around that time, the Defendant received transmission of the instant direct payment agreement and sealed it.

F. On August 30, 2019, the Defendant filed an application against the Plaintiff for provisional seizure of real estate (hereinafter “provisional seizure of this case”) on some sections of the buildings completed by the new construction of this case with the Daegu District Court Branch Branch of the District Court (hereinafter “instant section of exclusive ownership”) around August 30, 2019, and submitted a direct payment agreement from the said court on August 30, 2019.