2. The plaintiff's claim is dismissed.

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

A. In the name of “H”, the Plaintiff, who is a personal business entity engaging in construction machinery contracting and leasing business, was awarded a subcontract for the construction of multi-unit housing (hereinafter “instant construction project”) in the construction site for the main apartment located in Ansan-si, where the Defendant ordered from July 2015 to October 2016, at the construction site for the main apartment located in Ansan-si, where the Defendant ordered, from October 2015 to January 2017, at the construction site for the Incheon Seo-gu, Incheon (hereinafter “the second construction site”); and from August 2016 to September 2016, the construction site for the multi-unit housing located in Gwangju-si (hereinafter “the third construction site of this case”) ordered by the Defendant from E (hereinafter “E”) (hereinafter “instant construction site”).

B. E paid a monthly payment to the Plaintiff. As to the first construction site of this case, E paid a total of KRW 3,850,000 for the construction cost on July 2016 and September 2016. With respect to the second construction site of this case, E paid a total of KRW 92,180,000 for the construction cost on August 2016 and September 2016, 2016, and KRW 16,420,00 for the construction cost on October 20, 2016, KRW 16,420,00 for the construction cost on November 201, 206, KRW 25,30,000 for the construction cost on December 27, 2016, KRW 27,830,00 for the construction cost on December 5, 2017, KRW 90,000 for the construction cost on September 16, 2016; and unpaid the construction cost on March 26, 200008.

C. On June 22, 2017, the Plaintiff: (a) drafted a written consent to the Defendant to the direct payment of KRW 45,500,000,000, out of the said money, to the effect that “Around June 22, 2017, the Plaintiff shall use F (G operation) pumps equipment and not paid to F (direct payment) while performing the instant construction; and (b) the Defendant paid KRW 30,910,000 out of the said money to F (F).

On June 23, 2017, the Plaintiff expressed its intent to directly claim KRW 184,640,000 out of the construction price of the instant case to the Defendant.