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1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
Facts of recognition
In the case construction corporation, the defendant contracted for the file construction among the new construction works of Gwangjunam Innovation City B-9BL apartment (B section) and the file construction among the new construction works.
The Plaintiff leased equipment, such as digging machines, to the KF Construction.
The Plaintiff was not paid KRW 8,047,820, and KRW 10,637,00,00 for equipment use fees for the equipment file construction related to Gwangju Southern Innovation City from the KF Construction. On February 10, 2014, the Plaintiff received a written consent of direct payment from the KF Construction, and requested the Defendant to pay the fee for the equipment use for the equipment. However, the Defendant did not pay the fee.
On August 14, 2014, the Plaintiff: (a) rendered a Daegu District Court 2014TTTTT District Court 2014TTTTA12017, as the Defendant; (b) received a seizure and collection order of KRW 20,693,660 from the cost of each file work held against the Defendant by the Defendant; and (c) the said decision was served on the Defendant on August 20, 2014.
【In the absence of dispute, the Plaintiff, based on the evidence Nos. 1, 2, and 3, sought payment of KRW 20,693,660 to the Defendant based on the collection order, and seeks direct payment of KRW 18,684,820, based on the consent to the direct payment of the case construction.
First of all, the fact that the plaintiff received the order of seizure and collection of 20,693,660 won for the claim for collection, and that the above decision was served on the third debtor on August 20, 2014 is recognized as above. However, as to the existence of the claim for collection, it is insufficient to recognize that the construction was subcontracted with respect to the new construction of Gwangjunam Innovation City B-9BL apartment (B section), and accordingly, the construction of the case has a claim for the construction cost against the defendant.