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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On March 21, 2014, the Defendant entered into a contract with a more integrated construction company (hereinafter “small & Medium Company”) on the land A and B (hereinafter “C New Construction”) for the contract amount of KRW 7,725,058,000 with respect to “C New Construction Corporation” (hereinafter “the instant construction project”).
B. On April 20, 2015, the Plaintiff and Nonparty Company entered into a subcontract with respect to landscaping projects (hereinafter “instant subcontracted projects”) among the instant construction projects, with the contract amount of KRW 215,60,000 and the construction period from April 20, 2015 to May 24, 2015 (the period shall be extended from April 20, 2015 to June 22, 2015).
C. Article 35(2) of the Framework Act on the Construction Industry (Direct Payment of Subcontract Price) Article 35(2) of the Framework Act on the Construction Industry. (2) In any of the following cases, the Plaintiff, the Defendant, and the non-party company shall pay the subcontractor the subcontract price corresponding to the part executed by the subcontractor:
1. An agreement was made between the ordering person and the contractor, or between the ordering person and the subcontractor, or between the contractor and the subcontractor, on the basis of the method and procedure for payment, that the defendant shall pay directly to the plaintiff, if the agreement was made clearly;
(hereinafter “instant direct payment agreement”) D.
On May 7, 2015, the Plaintiff: (a) KRW 33,440,000 from Nonparty Company; and (b) the same year as the construction cost of the instant subcontract.
7. 16. The Defendant received total of KRW 113,440,000 from the Defendant, and completed the subcontracted project on June 22, 2015.
[Ground of recognition] Facts without dispute, Gap evidence 1-1-2, Gap evidence 2-2, the purport of the whole pleadings
2. The assertion and judgment
A. According to the above facts of determination as to the cause of the claim, the defendant, under the direct payment agreement in this case, shall have the remainder of KRW 102,160,000 =215,60,000 under the direct payment agreement in this case, barring any special circumstances.