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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. On November 19, 2015, C Co., Ltd. (hereinafter “Nonindicted Company”) concluded a subcontract agreement with the Defendant on the terms and conditions of “D projects” that the Defendant contracted by the Korea Environment Corporation (hereinafter “instant construction”) as to ① the contract amount of reinforced concrete construction works from November 19, 2015 to September 23, 2016; ② the contract amount of civil engineering works is KRW 259,60,000; and ③ the construction period is from November 19, 2015 to September 23, 2016; ③ the contract amount is 370,700,000,000, and the construction period is from November 19, 2015 to September 23, 2016; and ③ the Defendant supplied the instant construction works to the said site by being supplied to each of the Defendant 100,000 won and each of the instant construction works to the said site from September 19, 2015;
(hereinafter referred to as the "each of the above four subcontracts" entered into between the defendant and the non-party company B.
Around January 2016, the Plaintiff entered into a contract to supply a PHC file equivalent to KRW 77,633,600 to the site of the instant construction project, and supplied Nonparty Company with a PHC file equivalent to the above amount. However, from January 12, 2016 to March 7, 2016, the Plaintiff received only KRW 45 million from Nonparty Company twice from Nonparty Company during the period from January 12, 2016 to March 7, 2016, and was not paid KRW 32,63,600 for the remainder of the goods.
C. On April 21, 2016, the Plaintiff: (a) as the Jeonju District Court 2016Kadan912, the Plaintiff claimed KRW 32,63,600 of the Plaintiff’s claim against the Plaintiff’s subsidiaries; (b) based on each of the instant subcontract, the Nonparty Company received a decision on provisional attachment of claims against KRW 32,63,600 of the claim for construction price against the Defendant (hereinafter “decision on provisional attachment”); and (c) the original copy of the said decision was served on the Defendant on April 25, 2016.
On May 18, 2016, the Plaintiff made a claim amount to KRW 33,259,354 on the basis of the original copy of the payment order of Jeonju District Court Kim Jong-si, Kim Jong-si, 2016.