1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On July 23, 2014, the relevant Plaintiff was awarded a contract for a new construction project of C detached Housing (the construction cost of KRW 1,886,00,000) from B, a project owner, around July 23, 2014.

Around January 10, 2015, the Defendant was awarded a subcontract for the part of outer walls (the construction cost of KRW 89,600,000) and the part (the construction cost of KRW 35,00,000) (the construction cost) from the Plaintiff during the construction of the said new construction project (hereinafter “instant subcontract”), and B jointly and severally guaranteed the Plaintiff’s obligation for the construction cost of the said subcontract to the Defendant.

B. Around September 7, 2015, the agreement between the Defendant and B entered into with the Defendant to pay directly the construction cost of the instant subcontract with the sales price of D land and its ground buildings (hereinafter “instant real estate”).

As to the instant real estate, the Defendant and B shall have the registration of ownership transfer under the name of the Defendant, and the Defendant and B agreed to sell the instant real estate to a third party through consultation, and they completed the registration of ownership transfer under the name of the Defendant on September 8, 2015, on the ground of sale as of September 8, 2015, concerning the instant real estate.

B A B A E A A B A E and B agreed on May 16, 2016 as follows:

C. On February 2, 2017, the Plaintiff filed a lawsuit claiming construction price against B and won part of the claim against the Plaintiff for a seizure and collection order against the Defendant.

(Y) According to the above judgment, the Plaintiff shall pay the Plaintiff the construction cost of KRW 841,48,065 and the delay damages for the construction cost of KRW 841,48,065.

(However, at the appellate court of the instant case, B paid KRW 430,00,00 to the Plaintiff by August 17, 2018. On February 27, 2018, the Plaintiff was subject to a seizure and collection order regarding B’s claim for the instant real estate purchase price (hereinafter “sale price”) against the Defendant as a third debtor, and the Defendant was subject to a seizure and collection order against B’s claim for the instant real estate purchase price (hereinafter “sale price”).