The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

1. Basic facts

A. On September 18, 2017, the Plaintiff filed a lawsuit against Gwangju District Court 2017 tea 6586 with respect to C. The court issued an order to pay “C shall pay the Plaintiff 85,683,170 won with interest rate of 6% per annum from September 1, 2016 to October 18, 2017, and interest rate of 15% per annum from the next day to the date of full payment” (hereinafter “instant payment order”). The foregoing payment order was finalized as it becomes final (hereinafter “instant payment order”). The Plaintiff requested the Defendant to issue a new contract for mining area D (hereinafter “new construction”) with the Defendant to pay the Defendant KRW 57,683,170 from September 1, 201 to October 18, 2017 to the date of full payment.”

[Ground for recognition] Unsatisfy, entry of Gap 1 through 3, significant facts in this court, the purport of the whole pleadings

2. Determination on the cause of the claim

A. The gist of the Plaintiff’s assertion is that C is in fact an overall control of the instant new construction corporation under the name of the Defendant, and C, which found the instant construction site around May 2019, issued tax account statements on the Plaintiff, who paid KRW 12,000,000 out of the construction cost under the instant payment order, to the Plaintiff.

Therefore, the Defendant is obligated to pay C the construction cost stated in the purport of the claim not paid to C in relation to the new construction of this case, and at least 13,200,000 won as stated in the tax invoice that the Plaintiff incurred.

B. Specific determination 1) The Plaintiff: (a) based on the premise that the instant new construction project was ordered by C, a building owner E, but the construction contract was concluded in the Defendant’s name, C has the claim for construction payment against the Defendant.