1. All of the plaintiff's claims are dismissed.

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

1. Summary of the parties' arguments

A. The Plaintiff’s assertion is a construction business operator who uses the trade name of “D” and receives a subcontract for the construction work from FF Co., Ltd. and G Co., Ltd. (hereinafter “F” and “G” only), which is the contractor of the E shopping mall (hereinafter “instant construction work”). However, the Plaintiff did not receive KRW 70,413,00 for the subcontract work price.

The Plaintiff delegated the exercise of the right of retention related to the receipt of the above construction cost to Defendant C, and Defendant C transferred the right of retention and received construction cost from the contractor. Therefore, the Defendants are jointly and severally liable to pay the Plaintiff KRW 70,413,00 and damages for delay.

B. There is no receipt of the construction cost and the exercise of the right of retention from the Plaintiff’s assertion by the Defendants, and the Defendants transferred the right of retention and received the construction cost is irrelevant to the Plaintiff’s subcontract construction cost, so the Defendants cannot comply with the Plaintiff’s claim.

2. Determination

A. Comprehensively taking account of the respective statements in Gap evidence Nos. 1 through 6 and Eul evidence Nos. 1 through 6 (including paper numbers), the F would have again taken over the construction price claim of KRW 87,500,000 out of the construction price claim against the building owner H Co., Ltd. on June 12, 2008, when the construction work was performed as the contractor of the instant construction project and the construction cost claim of KRW 3,817,181,840 out of the construction cost claim against the building owner H Co., Ltd.

B: (a) The transfer to the subcontractor including the Plaintiff and the abandonment of the construction work; (b) G had completed the construction work on October 27, 2008; and (c) on September 8, 2011, from the Seoul Western District Court case 2010Gahap14711 (Main District Court) 201Gahap4629 (Counterclaim) case (hereinafter “related lawsuit”); and (d) on September 8, 201, H Co., Ltd. was sentenced to the payment of KRW 372,927,64 for the construction cost, KRW 2,60,853,059 for G, and damages for delay after October 30, 2008, and the Defendant Co., Ltd. (hereinafter “Defendant Co., Ltd”) (hereinafter “Defendant Co., Ltd”) was finalized as it is, from April 7, 2012.