1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On April 27, 2018, the Defendant: (a) concluded a contract with B Co., Ltd. (hereinafter “Nonindicted Company”); (b) as of August 31, 2018, the construction cost of the instant renovation and repair project was KRW 374,890,000; and (c) the date of completion as of August 31, 2018.

(B) The construction cost was changed to 344,461,00 won, and the completion date was changed to 11 December 2018, respectively).

On May 25, 2018, the Plaintiff: (a) from May 29, 2018 to May 29, 2018, the construction cost of the instant construction works for maintaining and repairing facilities (hereinafter “instant construction works”); and (b) from May 29, 2018, the construction period of the instant construction works.

8. Persons awarded a subcontract by the end of 26.

(B) The construction cost was 161,964,00 won, and the completion date was changed on December 7, 2018, respectively).

On May 29, 2018, the Defendant entered into a direct payment agreement between the Plaintiff and the Nonparty on the subcontract price (hereinafter “instant direct payment agreement”) with the content that the Defendant shall directly pay the subcontract price to the Plaintiff pursuant to Article 35 of the Framework Act on the Construction Industry or Article 14 of the Fair Transactions in Subcontracting Act (hereinafter “subcontract”).

The Plaintiff completed the instant construction work on or around December 2018, and was not paid KRW 32,326,500 out of the construction cost of the instant case by the Defendant.

E. Meanwhile, D, on May 1, 2018, with the claim amounting to KRW 18,201,548, KRW 18,201,548, the claim amounting to KRW 18,201,548 against the Defendant of the non-party company, was subject to a decision of provisional attachment against the claim amounting to KRW 18,201,548, the Seosan-gun District Court of Busan District Court 2018Kadan522, and the provisional attachment order was served on May 4, 2018.

In addition, the Plaintiff’s claim amounting to KRW 450,00,000 on May 9, 2018 was issued with respect to the claim amounting to KRW 450,00,000 among the claim amount for the instant repair and construction works against the Defendant of the non-party company, Gwangju District Court Decision 2018TTTT 6956, and the above attachment and assignment order was served on the Defendant on May 11, 2018.

[Ground for Recognition] Unsatisfy, A No. 1.