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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. On June 16, 2010, the Plaintiff awarded a subcontract for the construction period of the structural frame (hereinafter “instant construction”) among the new construction works of the Yongsan-gu Incheon Special Metropolitan City Mungdong Construction Co., Ltd. (hereinafter “Gasan Construction”) as KRW 836,00,000 (including value-added tax) from June 25, 2010 to November 30, 2010.
B. On March 18, 201, the Defendants, who are workers related to the type mold construction of additional construction, entered into an agreement with the Plaintiff and the additional construction at the end of February, 2011 that the Plaintiff shall directly pay the Defendants wages arising from the overdue wages of KRW 13,600,00 and from March 1, 2011 to the completion of the structural construction (hereinafter “instant direct payment agreement”). The Defendants completed the said wooden construction work by April 1, 201.
C. On March 2011, K entered into a direct payment agreement with the Plaintiff, additional construction, and the Defendant, within the scope of the remainder amount of the additional construction, to pay directly to the Defendant the construction cost that was not paid by the Plaintiff, additional construction, within the scope of the remainder amount of the additional construction.
The Defendants filed a lawsuit against the Plaintiff on the ground of the instant direct payment agreement with the Suwon District Court Decision 2012Ga11181. The said court had the Defendants pay 836,00,000 won for the additional construction on August 17, 2012 (i.e., value of value of value of KRW 760,000,000, value of value of KRW 76,000,000) paid during the said period (i.e., value of KRW 788,820,820,000 (= KRW 772,820,820,000) and the additional construction tax invoice was not issued, thereby having the Defendants pay 5,40,000,000 won after deducting the Plaintiff’s refund of value-added tax from the amount of value-added tax, and thus having the Defendants pay 30,000,0000 won exceeding KRW 30,300,000,000.