2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

A. The defendant is a contracting company that receives a contract for E-construction from D with the company that operates civil engineering work business.

B. On March 11, 2013, the Defendant entered into a contract with F Co., Ltd. (hereinafter referred to as “F”) under which the term “the instant construction work” was subcontracted out of the said new construction work (hereinafter “instant construction work”). The Plaintiff, who runs the construction construction business, etc., was awarded a subcontract from F to F and completed the instant construction work on May 31, 2013.

C. On June 10, 2014, F: (a) on the Plaintiff’s payment of KRW 23,646,821 (hereinafter “subcontract”) due to the said subcontracted work, F prepared a written consent for the direct payment of the construction cost that the Defendant agreed to pay to the Plaintiff. D.

Meanwhile, for the payment of the instant construction cost, the Defendant issued and delivered each Promissory Notes of KRW 105,600,000 at face value and each Promissory Notes of KRW 25,000 at face value (hereinafter “instant Promissory Notes”) to F. When the Promissory Notes were refused to pay thereafter, the Defendant drafted an agreement (hereinafter “instant agreement”) containing the following matters with F on June 12, 2014:

1. From among the remaining amounts, the fixed amount of KRW 130,600,00 shall be paid;

(Provided, That the single payer may pay to a person designated by the president of the F.O. G.) [based on recognition] of the absence of dispute, entry in Gap(1) through 7, and Eul(including each number), and the purport of the whole pleadings.

2. The assertion and judgment

A. The Plaintiff’s assertion that the parties concerned agree to pay the subcontract price directly to the Defendant (hereinafter “Agreement”) and sought payment of KRW 23,646,821 of the subcontract price to the Defendant.

In this regard, the defendant means that (i) even if there was a direct payment agreement, it pays the construction cost to F, and (ii) F is paid to F.