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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
Reasons
1. Facts of recognition;
가. 원고는 ‘B’라는 상호로 건설, 건축에 필요한 자재 도소매업을 하는 사람이고, 피고는 토목건축공사업 등을 하는 법인이다.
B. The Plaintiff supplied the construction materials to ES industry Construction Co., Ltd. (hereinafter “SS industry”), and did not receive the price for goods equivalent to KRW 13,602,320. The Plaintiff received a decision to recommend the performance of the goods price for the ES industry from the U.S. District Court Decision 2013No13626, supra.
C. On February 11, 2012, the Defendant subcontracted the construction of the factory site of 15 lots, both C and C, and 15 lots of land, respectively, to the ES industry.
On November 28, 2013, EP industry applied for provisional attachment of the Defendant’s claim against PIM partnership as the preserved claim against the Defendant. On December 10, 2013, Suwon District Court Decision 2013Kadan102648 decided on December 10, 2013.
E. A. A.S. industry filed a principal suit against the Defendant for the construction price. The Defendant filed a counterclaim against the E.S. industry seeking compensation for damages in lieu of defect repair, and the judgment was rendered on August 22, 2018 by Suwon District Court 2015 Gohap2273 (principal suit), and 2017 Gohap19060 (Counterclaim). The content is that the Defendant’s unpaid construction price is KRW 142,876,092, and the amount of damages in lieu of defect repair to be paid by the E.S industry is KRW 191,627,00,000, and the Defendant’s counterclaim partially accepted the Defendant’s counterclaim, and the Defendant paid KRW 48,750,908 as compensation for damages in lieu of defect repair.
[Ground of recognition] Facts without dispute, Gap 1 to 4 evidence, Eul 3 and 22 evidence, the purport of the whole pleadings
2. The plaintiff's assertion and judgment as to the plaintiff
A. The Plaintiff is obligated to pay the price for the direct payment of the subcontract price with the claim for the price for the goods against the AS industry, and the Defendant does work on the AS industry.