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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. The Plaintiff, a corporation that carries out general construction works such as civil engineering and construction works, and steel materials installation works, was awarded a contract with the Korea Water Resources Corporation for the water supply facility construction works for Macheon Complex Water Supply Business, and then subcontracted the construction works for Macheon Complex Construction Industry Co., Ltd. (hereinafter “instant construction works”) to 5,437,300,000 won (including additional tax) during the said construction works, and the Defendant leased the instant construction-related equipment to the Mocheon Industrial Co., Ltd.
B. On November 22, 2013, the Plaintiff entered into an agreement with the Defendant to pay the instant rent for the instant equipment by August 12, 2013 (hereinafter “instant direct payment agreement”) with the Defendant by December 11, 891,89,00 won, October 13, 552,00 won, November 7, 300,00 won (the sum 45,415,000 won; hereinafter “the sum 45,415,00 won”) as the raw ingredient of the re-site industry, and agreed to pay the instant rent for the instant equipment by December 31, 2013.
C. Since then, on January 13, 2014, the Defendant applied for a payment order against the Plaintiff and the Jae-gu Industrial Co., Ltd. with the Suwon District Court Decision 2014Ra19, Jun. 13, 2014 (hereinafter “instant payment order”) stating that “The Plaintiff and the Jae-gu Industrial Co., Ltd. jointly and severally agreed with the Defendant about KRW 45,415,00, and the amount of delay payment at each rate of 6% per annum from January 1, 2014 to the date of delivery of the original copy of the instant payment order, and 20% per annum from the next day to the date of full payment” (hereinafter “instant payment order”).