1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On February 1, 2015, C Co., Ltd. (hereinafter referred to as “C”) entered into a contract with D (hereinafter referred to as “D”) on the supply and installation of steam turbine generator and trial operation works (hereinafter referred to as “instant construction works”) with respect to the heat joint power generation facilities executed by the Defendant in the Chungcheong-gun E in the Chungcheong-gun, the construction cost of which is KRW 1.7 billion and the construction period of which is up to June 30, 2015. The specific construction scope is “1. The manufacture and installation of steam turbine generator,” and the specific construction scope;

2. Civil and construction works;

3. Posting of supervisors for electrical design and safety diagnosis;

4. Installation of household defense equipment;

5. Installation of valves and pipes;

6. Power transmission facility works for power generation facilities:

7. Manufacture and installation of cooling cycle facilities;

8. pure equipment;

9. Electric equipment inspection and rental service, and all kinds of authorization and permission necessary to carry out the construction work 10.

On the other hand, the Defendant, as the executor of the instant construction project between C and C on the same day, concluded a joint and several guarantee agreement on D’s obligation for the construction cost of this case.

B. The Plaintiff was awarded a subcontract for the part of the instant construction works, the part of civil and construction works around February 2015, and the part of the retaining wall construction works around April 2015, respectively.

C. After February 18, 2016, rehabilitation procedures for C began on February 18, 2016, but the rehabilitation procedure was abolished on August 10, 2016.

On March 9, 2016, the Plaintiff filed an application for a payment order with the Cheongju District Court 2016Ra178 against the Plaintiff for payment order stating that “the Defendant shall pay to the Plaintiff 196 million won and 15% interest per annum from the next day of the service of the original copy of the instant payment order to the day of full payment,” with respect to the above subcontracted payment order against the manager F of C, a debtor debtor for rehabilitation, and the above payment order was issued as of March 31, 2016, with the same content as on March 14, 2016.” The above payment order is the payment order of this case as of the 31st of the same month.

D.

The plaintiff on June 2, 2017.