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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On March 2018, the Defendant contracted the construction of a new building C in Seongbuk-gu, Sungnam-si to D, and, from D and F, E contracted the construction of a new building for the said construction cost of KRW 280,000,000.
B. On June 22, 2018, the Plaintiff and E agreed with the Defendant as the subcontractor as follows:
(hereinafter referred to as the “instant arrangement”). The right holder (D) is the recipient of the said construction project, and the Plaintiff and E agree to the direct payment by the project owner (the Defendant) as follows:
Funds for aggregate construction works: 280,000 won (Additional Tax Map): 280,000 won and additional tax deposit accounts therefor: The plaintiff of the agricultural bank account in the agricultural bank.
C. On August 10, 2018, the Defendant paid KRW 30,000,000 out of the said construction cost to the Plaintiff. On August 2, 2018, the Defendant paid KRW 125,000,000 out of the said construction cost to H Co., Ltd., a real company of which E is a private company, and KRW 20,000,000 on August 6, 2018, and paid KRW 107,445,00 as the remainder of the construction cost at the request of E to the sewage supplier of I, etc.
[Ground of recognition] Facts without dispute, Gap 1, 4 evidence (including paper numbers), Eul 1 to 3 evidence, the purport of the whole pleadings
2. The party's assertion and judgment
A. The plaintiff's assertion (i) The plaintiff's assertion has a joint and several guarantee claim of KRW 50,000,000 against E, and KRW 32,00,000,000 among them, and the defendant was paid KRW 30,000,000 from J.
Therefore, the Defendant is obligated to pay the Plaintiff KRW 20,000,000 of the remaining amount of the claim of the Plaintiff out of the construction cost that the Defendant agreed to pay directly to the Plaintiff.
D. The Plaintiff’s argument that the Defendant’s above direct payment claim against the Defendant was provided as security. As such, the Plaintiff may exercise the Defendant’s direct payment claim against the Defendant only for KRW 30,000,000 leased to E after the instant agreement was concluded.