1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On March 16, 2017, the Defendant awarded a contract for part of the construction work of soil string out of the new construction work of accommodation facilities outside C and two parcels of land at the time of public housing to B Co., Ltd. (hereinafter “B”).

(1,083,700,000 won) - B shall submit a written waiver of a right of execution and a written waiver of a right of retention as it is impossible to perform a contract due to delay of construction, mistake in construction methods, etc.

B No objection shall be raised legally with respect to all rights, powers (provisional seizure, provisional disposition, lien and right to demand mortgage, suspension of construction work and provisional disposition) relating to the project.

또한 향후 제3자가 계룡팰리스가 갖고 있는 공사대금 지급 채무에 대해 채권압류 및 가압류가 들어올 시 B은 기존의 공사대금에 대한 모든 청구권을 포기하고 계룡팰리스에 대해 어떠한 청구도 하지 않는다.

따라서 위와 같은 사태가 현실적으로 발생 시 계룡팰리스가 갖고 있는 공사대금 지급채무액에 대하여 일부(하도급업체) 직불(인건비, 공사대금 등) 처리키로 한다.

B. On July 26, 2017, B prepared a “written waiver of construction right, construction cost, and lien (Evidence A 1; hereinafter the same shall apply)” and delivered it to the Defendant.

The written waiver of the above shall include the following:

C. The Plaintiff operated human resources supplier company with the trade name D, and the Plaintiff supplied human resources at the construction site of B’s soil b.

[Reasons for Recognition] Uncontentious Facts, Gap evidence No. 1, Eul evidence No. 2, the purport of the whole pleadings

2. The plaintiff's assertion

A. The rejection of the instant waiver provides that “The subcontractor shall pay personnel expenses directly to the subcontractor.”

Upon receipt of the written waiver from B, the Defendant confirmed the Plaintiff’s labor cost (service cost) amounting to KRW 32,254,950 as the subcontractor in B by means of a written demand for direct payment (Evidence 2-4 of Evidence A) prepared by B, and agreed to pay the said money directly to the Plaintiff.

B. In addition, B written waiver of this case.