1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On September 21, 2011, ELS Construction Co., Ltd. was selected and appointed as a custodian upon the decision to commence rehabilitation as the Daegu District Court 201 Gohap36 on September 21, 201, and was issued by the rehabilitation plan approval decision on April 23, 2012.

(hereinafter referred to as “foreign company”). B. the above rehabilitation company

On November 17, 2014, the Defendants entered into a construction contract (hereinafter “instant construction contract”) with the Nonparty Company for the construction of a new warehouse and neighborhood living facilities in Daegu-gu (hereinafter “instant construction”) with the construction cost of KRW 460,000,000 (excluding value-added tax) and the construction period from November 20, 2014 to February 20, 2015 (hereinafter “instant construction contract”), and paid KRW 50,000,000 in total to the Nonparty Company as the instant construction contract amount on November 19, 2014 and December 3, 2013 of the same year.

C. On January 15, 2015, the Defendants agreed to pay the Defendants a total of KRW 110,000,000 for the construction cost of Yusung Amsung Construction Co., Ltd. (hereinafter “Ssung Construction”) subcontracted by the non-party company for the instant construction work, as well as the construction cost of other materials, such as ready-mixeds, steel bars, and wage, etc., to the extent that the Defendants directly pay KRW 138,224,00.

In accordance with the above direct payment agreement, the Defendants paid KRW 60,000,000 for the Yusung Construction on January 21, 2015, and KRW 624,000 for E on January 15, 2015, and KRW 624,00 for Kusanco Co., Ltd. on January 19, 2015, KRW 14,76,000 for January 23, 2015, and KRW 20,000,000 for each of them on May 19, 2015.

E. Around January 21, 2015, Nonparty Company discontinued the instant construction work, prepared a statement of Section 296,824,000 of the completed portion and delivered it to the Defendants. On March 30, 2015, the Defendants notified the Defendants that the completed portion would be KRW 203,00,000 (excluding value-added tax) and that the compensation for delay will be applied to the period until it is terminated.

F. On March 30, 2015, the Defendants were in the process of the instant construction project against Geumsan Co., Ltd.