2. The plaintiff's lawsuit of this case against the defendant is dismissed.

A. On February 8, 2011, the administrator C of the rehabilitation debtor C, a co-defendant C’s taking over the lawsuit by the co-defendant C of the first instance trial (hereinafter “C”) ordered the Defendant a contract for the 3 and 4th floor remodeling work of the E Hospital located in Suwon-si D.

B. On July 12, 2011, the Plaintiff was awarded a subcontract by the Defendant with the construction cost of KRW 91,370,000 (excluding value-added tax) on the part of the instant construction work, such as worships and floor betacos.

C. C was awarded a contract for additional remodeling construction on the above hospital building 1 and 2 to the Defendant during the foregoing construction, and the Plaintiff was awarded a subcontract from the Defendant around September 201 to KRW 40,400,00 for the construction cost of the swimming pool construction on the above 1 and 2 floors.

On November 2011, the Plaintiff completed the construction work for the Middleman.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1, purport of whole pleadings

2. Although the Plaintiff’s assertion completed all the construction works contracted with the Defendant, the Defendant paid only KRW 29,400,000 to the Plaintiff out of the above construction cost, so the Defendant is obligated to pay the Plaintiff the construction cost of KRW 102,370,00 (= KRW 40,400,000 - KRW 29,400,000) and delay damages therefrom.

3. Judgment on the defendant's main defense of safety

A. Since the Defendant agreed to file a lawsuit between the Plaintiff and the Plaintiff, the instant lawsuit is unlawful, contrary to the above written lawsuit agreement.

B. In addition to the overall purport of the pleadings, the following facts are recognized in addition to the descriptions of No. 1, No. 1, No. 2, No. 1-1, and No. 2

1) At the time of receiving a subcontract from the Defendant, the Plaintiff: (a) cancelled the pre-announcement registration of cancellation of ownership completed in the above hospital building; and (b) agreed that if C receives a loan from the bank and pays the construction price to the Defendant, it shall be paid the subcontract price; and (c) if C does not pay the construction price, the Plaintiff shall be assigned the claim for the construction price to C from the Defendant on September 30, 201.