The plaintiff's claim of this case is dismissed.

Litigation costs shall be borne by the plaintiff.

1.The following facts may be found either in dispute between the parties or in accordance with the statements in Gap evidence 1 to 3, 5, and Eul evidence 1 and 21:

The Plaintiff supplied Section (hereinafter referred to as “C Company”) with tools, materials, etc. from July 7, 2018 to January 31, 2019, and did not receive KRW 64,539,236 for the price of goods.

B. On September 12, 2018, the Defendant entered into a subcontract with C company with respect to sanitary and fire-fighting installation works among the newly constructed construction works of the E-family housing at the Seocho-si, Youngwon (hereinafter “instant subcontract”). The construction period commenced on September 12, 2018 and completed on April 30, 2020, and the contract amount was KRW 3,418,000,000, and the payment was made in cash once a month as completed.

C. On November 8, 2019, the Plaintiff received a decision on provisional seizure of claims (hereinafter “provisional seizure”) regarding KRW 64,539,236, out of the construction price claims under the instant subcontract that C Company had against the Defendant, and the said decision was served on the Defendant on November 12, 2019.

On October 21, 2019, the Plaintiff filed a lawsuit against C Company to claim the price of goods and received a favorable judgment on January 7, 2020.

E. On February 12, 2020, the Plaintiff received a seizure and collection order (hereinafter “the collection order of this case”) stating that the provisional seizure of this case is transferred to the principal seizure and the remaining damages for delay are additionally seized KRW 4,848,972, such as the remaining damages for delay. The decision was served on the Defendant on February 12, 2020.

2. Determination

A. According to the above facts, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff the collection amount of KRW 69,38,208 (=64,539,236 won), and delay damages therefrom, according to the collection order of this case.

B. As to the Defendant’s defense, the Defendant agreed to suspend construction works and settle accounts between the Defendant and C Company and paid all progress payments, and thereafter, the Plaintiff should do so.