1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On May 31, 2017, the Defendant concluded a contract with the Defendant and C for a construction project with the Corporation (hereinafter referred to as “C”) for the construction cost of KRW 4.2 billion (including value-added tax) and the construction period from May 31, 2017 to November 30, 2017.

(hereinafter “instant construction contract”). After the construction period of the instant construction contract was changed by January 31, 2018.

B. From September 28, 2017 to January 31, 2018, the Defendant paid KRW 372,630,000 to C with the subscription price, and the remainder of KRW 473,70,000 with the unpaid subscription price. The construction of this case was completed on April 23, 2018.2) After the Defendant agreed to pay the subcontract price directly between C and E and F, which are its subcontractor, and F, the Defendant agreed to pay the subcontract price. The Defendant requested a direct payment of KRW 666,00,000 to the Defendant on March 23, 2018; the F’s request for a direct payment of KRW 116,03,830 for the construction price of F, March 27, 2018 respectively.

The defendant paid KRW 116,033,830 to F Co., Ltd. on February 14, 2019.

3) According to the above demand for direct payment of E and F, the Defendant paid 291,66,170 won (i.e., KRW 473,70,00 - KRW 116,03,830 - KRW 66,00,00) to C. Meanwhile, according to Article 5(1) of the instant construction contract, C is obligated to submit or guarantee defective performance securities (3 years from the date of completion, 10% of the contract amount) or cash in order to secure the repair of defects. Accordingly, the Defendant suspended the payment of 291,66,170 won to C in the name of the aforementioned defect repair security (i.e., KRW 42,400,000,000).

C. The Plaintiff, who seized and collected the Plaintiff’s claim, 1 Plaintiff C.