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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On April 10, 2014, the Defendants awarded a contract for the said new construction work to E for KRW 260,000,000 of the contract amount to KRW 260,000 of the contract amount, and E awarded a subcontract for the said new construction work to G on March 28, 2014, for KRW 22,00,000,000 of the contract amount.
B. On May 27, 2014, the Plaintiff supplied materials to the instant construction site from around May 27, 2014, and suspended the supply of materials by causing 15,738,500 won, which was not paid at the time of June 12, 2014. Accordingly, on June 13, 2014, E provided that the Plaintiff is the owner of the building, and provided a payment guarantee letter that guarantees the payment of the unpaid materials and guarantees the payment of the subsequent materials (hereinafter “instant payment guarantee letter”). Accordingly, the Plaintiff continuously supplied materials at the instant construction site.
C. Since then, the Plaintiff was unable to receive KRW 32,476,300 from G and E, and around July 21, 2014, the Plaintiff sought payment of the said material price from the Defendants, the owner of the instant construction, and seized the instant land owned by the Defendants.
Accordingly, the Plaintiff, G, and Defendants’ agents: (a) made a statement of performance that KRW 4,00,000 as to the said material price of KRW 32,476,30 on September 24, 2014; (b) paid KRW 20,000,00 to the Defendants’ agents within 24 hours after preparing a performance letter; and (c) G paid KRW 8,476,00 as between September 30, 2014 and October 31, 2014; and (d) drafted a statement of performance that the Defendants shall pay KRW 8,476,00 to the Plaintiff by October 31, 2014 (hereinafter “instant performance letter”); and (e) the Defendants remitted KRW 4,00,000 to the Plaintiff on September 24, 2014.
[Ground of recognition] Evidence Nos. 1 to 7, Evidence No. 1 to 7, Evidence No. 1 to 7, witness I's partial testimony, the purport of the whole pleadings
2. The parties' assertion
A. The Plaintiff’s assertion did not provide G with materials and receive the materials price.