1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

[Claim]

1. Basic facts

A. On November 8, 2017, Defendant (project owner) entered into a contract for construction works (hereinafter “instant contract”) with “B Co., Ltd. (hereinafter “Nonindicted Company”) and with respect to the construction of construction machinery and equipment among C extension works (hereinafter “instant construction works”) by setting the construction amount of KRW 191,282,570, and the construction period from November 15, 2017 to February 12, 2018.

On December 1, 2017, the Defendant entered into a contract by changing only the construction period from December 1, 2017 to February 28, 2018 under the instant contract with a non-party company.

(2) No. 1,2). (2)

From December 18, 2017, the non-party company, the principal contractor, was in contact with the Defendant, and around January 2, 2018, the non-party company filed a claim for payment of KRW 7,700,000 for progress payment with the Defendant, submitting the “written waiver of construction works” to the Defendant that “to waive the instant contract.”

(1,2) No. 5 of this title. (3)

On January 8, 2018, the Defendant expressed to the non-party company the intent to terminate the instant contract on the ground that the non-party company would not perform the contract following the submission of the letter of waiver of construction works (Evidence 6) and requested the non-party company to submit settlement data for the settlement of accounts to reduce the progress payment on January 12, 2018.

(1,2) No. 7 d.

On the other hand, on January 23, 2018, the National Health Insurance Corporation seized 49,04,160 won among the claim for construction price against the defendant of the non-party company under the contract of this case pursuant to Article 41 (1) of the National Tax Collection Act. The notice of attachment of the claim was served on the defendant on January 23, 2018.

(No. 8) and (e)

On February 26, 2018, the Defendant paid 6,579,830 won for progress payment under the instant contract to the National Health Insurance Corporation.

(3) No. 9) / [Evidence 9] / Each entry of heading 1 through 9 (including branch numbers, if any) and the purport of the whole pleadings.

2. The plaintiff's assertion

A. The Plaintiff, a removal business entity, is Nonparty Company around December 1, 2017.