Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
Based on the facts, the Defendant entered into a subcontract with C Co., Ltd. (hereinafter referred to as “C”) on August 11, 2015 with respect to reinforced concrete construction works (hereinafter referred to as “D construction”) among construction works for Gyeonggi-si apartment (hereinafter referred to as “D construction”), setting the contract amount as KRW 20,053,214,570 (including value-added tax) from September 5, 2015 to September 30, 2016.
On March 22, 2016, the Defendant concluded a subcontract agreement (hereinafter collectively referred to as “each of the instant subcontracting agreements”) with respect to the construction of reinforced concrete (hereinafter referred to as “large-scale construction”) among the construction of apartment complexes C and macro-si E (hereinafter referred to as “large-scale construction”) by stipulating the construction period as “from March 22, 2016 to February 28, 2018, contract amount of KRW 10,206,596,40 (including value-added tax).”
C was suspended on May 8, 2017, and each of the instant subcontracts was terminated around that time.
The Plaintiff filed an application for a seizure and collection order (hereinafter “instant seizure and collection order”) with respect to the following claims with the title of execution with respect to the notarial deeds No. 1937, 2017, prepared by a notary public's office belonging to the Daejeon District Public Prosecutors' Office as to the claim of KRW 3,389,526,414 against C, and with respect to the claim of KRW 3,389,526,414 against C, and with respect to the claim of KRW 1937 as the title, and the Daejeon District Court filed an application for a seizure and collection order (hereinafter “instant seizure and collection order”) with respect to the claim of KRW 500,000 with respect to the above claim under May 16, 2017: The obligor shall pay the amount equivalent to the contract amount of the construction work to the employee under Article 8 of the Framework Act on the Construction Industry (including the subcontract amount of the construction work) from among the claims for new apartment construction work in Gyeonggi-do and the progress payment for new apartment construction work in Gyeonggi-gu.