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1. The plaintiff's claim is dismissed.
2. The costs of the lawsuit, including costs incurred by participation, are all assessed against the Plaintiff.
Reasons
1. Basic facts
A. On June 25, 2013, the Ministry of National Defense’s work support group of the Air Force Operation Headquarters under the Defendant’s affiliated service (hereinafter “Defendant’s affiliated service group”) concluded a construction contract on three facilities, such as a small-scale restaurant (hereinafter “instant facility construction”) under the Defendant’s affiliated service group, with the contract amount of KRW 942,614,810 (the total work amount of KRW 1,009,029,990), and the construction period from June 25, 2013 to April 25, 2014, the contract amount was changed to the construction period of KRW 72,614,810, and the construction period of the small-scale and the sub-central industrial construction under the Defendant’s affiliated service group was changed to the construction period of KRW 72,614,810, 2016 on grounds of budgetary change on April 25, 2014.
B. On June 27, 2013, the subordinate industry construction applied for advance payment for the instant facility construction to the Defendant, along with the advance payment guarantee issued by the Defendant’s Intervenor, etc., and the Defendant paid 659,830,000 won to the subordinate industry construction on June 28, 2013.
C. On December 20, 2013, the secondary industry construction entered into a subcontract on the instant installation works (hereinafter “instant subcontract”) with the Plaintiff during the period of KRW 143,00,000, and the construction period from December 20, 2013 to July 31, 2014.
Around December 2013, the Ministry of Construction and the Plaintiff drafted a written statement of direct payment of subcontract consideration (hereinafter “instant written statement of direct payment”) with respect to the instant subcontract, that “The Defendant agrees to directly pay the subcontract consideration to the Plaintiff pursuant to Article 35 of the Framework Act on the Construction Industry, Article 29 of the Enforcement Rule of the same Act, Article 14 of the Fair Transactions in Subcontracting Act, and Article 14 of the Enforcement Decree of the same Act.”
E. On February 2014, the construction of the subordinate industry was to enter into the instant subcontract agreement with the construction supervisor affiliated with the Defendant, along with the documents, such as written consent to the instant direct payment.