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1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On April 19, 2014, the Defendant awarded a contract for the construction work of Adi system tephanise Plant (hereinafter “instant factory”) at KRW 2.640 million for the construction work. The construction subcontracted the construction work of machinery and equipment and fire fighting (hereinafter “instant construction”) during the said construction to friendly Construction Co., Ltd. and the Korea Engineering Co., Ltd. (hereinafter “Korea Engineering”), and on December 1, 2014, friendly construction subcontracted the construction work of air conditioners at KRW 150,380,00 for air conditioners among the instant construction works.
B. On January 28, 2015, the Defendant: (a) completed a review of the increase and decrease in the cost of the instant construction project and the additional details; and (b) on the date of mutual confirmation, the Defendant was directly paid for the friendly construction on the date of mutual confirmation; and (c) the progress of the construction project is agreed to complete within five (5) days from the completion date designated by the Defendant.
(hereinafter “instant direct payment agreement”). Under the instant direct payment agreement, the Defendant paid KRW 100,000,000 on January 28, 2015, and KRW 50,000,000 on January 30, 2015, pursuant to the instant direct payment agreement.
C. On April 7, 2015, the Plaintiff was issued a provisional attachment order with regard to the claim for construction price related to the above factory construction against the Defendant of Masung Construction as the Daegu District Court 2015Kadan1727, with the obligor’s Masung Construction and the third obligor’s claim amounting to KRW 65 million. The decision was served on the Defendant around that time.
On May 18, 2015, the Plaintiff applied for a payment order against Masung Construction with the Daegu District Court 2015 tea3098, and applied for a payment order with respect to Masung Construction from the above court on May 18, 2015, calculated at the rate of 20% per annum from the day following the delivery of the original payment order to the day of complete payment.