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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. Under the contract, the Defendant subcontracted part of the said construction work to the Non-Party L&C Co., Ltd. (hereinafter “Non-Party Co., Ltd.”) (hereinafter “Non-Party Co., Ltd.) upon receiving a contract for “B Hospital remodeling construction work outside the hospital” (from October 30, 2014 to January 31, 2015), and the Plaintiff was re-subcontracted by the Non-Party Co., Ltd. during the said construction work.
The Plaintiff filed a lawsuit seeking the payment of the construction cost with respect to the said sub-subcontracted construction cost with Seoul Northern District Court 2015Da72652, and on November 27, 2015, the Plaintiff received a decision of performance recommendation from the above court that “the non-party company shall pay to the Plaintiff KRW 20 million and its delay damages.” The said decision became final and conclusive on December 22, 2015.
B. On September 21, 2015, the Plaintiff received a provisional attachment order against the Defendant of the non-party company (the claimed amount of KRW 20 million) as Seoul Northern District Court Decision 2015Kadan4230 on September 21, 2015, by deeming the above sub-subcontracted construction cost claim as the preserved claim, and the said order was served on the Defendant on September 24, 2015.
When the decision on performance recommendation as seen earlier became final and conclusive, on January 5, 2016, the Plaintiff again received the provisional seizure and collection order (as regards the claims amounting to KRW 20,225,300, and KRW 225,300,000, the provisional seizure as indicated in the preceding paragraph was transferred to the Defendant on January 8, 2016, and the said order was served on the Defendant on January 8, 2016.
C. The Defendant paid the construction cost to the non-party company as a sum of KRW 396 million to the non-party company, and as seen below, KRW 141.5 million to the bank account of the non-party company directly. The remaining KRW 254.5 million to the issuer and the non-party company.