The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

1. Basic facts

A. The Plaintiff contracted the Seongdong-gu Seoul Metropolitan Government New Site Construction Corporation (hereinafter “instant Corporation”) to D (hereinafter “D”), and the Defendant was awarded a subcontract for the installation of Aluminium complex in the instant construction project from D on November 9, 2017.

B. On December 22, 2017, the Defendant posted the Defendant’s seal on the written consent for direct non-performance as follows. On December 23, 2017, the Plaintiff paid 104,50,000 won to the Defendant as the progress payment for the relevant month (i.e., the progress payment of KRW 95,000,000,000).

1. Name of the Corporation: The Panel Corporation;

2. Contract date: The period of construction on November 3, 2017: From November 9, 2017 to November 30, 2017: KRW 475 million.

5. Amount received: 47,500,000 won.

6. Balance: 420,000 won.

7. Amount requested for a gold: 95 million won.

8.D consents to the direct receipt by the Defendant of the remaining limit amount of KRW 427.5 million from the Plaintiff, the ordering company, in relation to the above construction works.

C. Around February 2018, D and the Defendant drafted a written consent from the direct refusal (hereinafter “written consent from the direct refusal”) as follows.

Written Consent of Direct Payment

1. D is confirmed that the Plaintiff entered into a subcontract with the Defendant with respect to the instant construction project ordered by the Plaintiff, and that the Defendant has not paid KRW 313.5 million out of the subcontract price under the said contract.

2. Accordingly, D agrees that the Defendant’s above subcontract price claim against D is directly paid by the Plaintiff.

Around February 14, 2018, the Defendant sent to the Plaintiff a written notification (hereinafter “instant notification”) with the following content attached to the written consent to the instant direct payment, and reached the Plaintiff around that time.

No. : A recipient of a claim for the payment of construction cost: The defendant sender has a claim for the payment of the subcontract price in D with respect to the instant construction work ordered by your company on November 2017.

D. On the other hand, D.