1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. Samyang C&C Co., Ltd. ordered a factory expansion construction (hereinafter referred to as “this case’s construction”) in Gunsan City to E&C construction. Of the foregoing extension construction, this case’s construction subcontracted to M&C Co., Ltd. (hereinafter “M&C Co., Ltd”). On January 2, 2015, M&C re-subcontracted the instant construction to the petitioner Busan Co., Ltd. (hereinafter “U&C Co., Ltd”) with the cost of construction KRW 980 million.

B. On January 29, 2015, the Plaintiff agreed with the Defendant to receive KRW 120 million (the contract amount of KRW 35 million, KRW 65 million upon receipt of the first progress payment, and KRW 20 million upon receipt of the second progress payment), instead of allowing the Defendant to receive the instant construction from the petitioner acid, as a result, instead of allowing the Defendant to receive the instant construction from the petitioner acid.

(hereinafter “instant mediation agreement”). C.

According to the Plaintiff’s order, the Defendant entered into a sub-subcontract to the effect that the instant construction project would be completed by April 30, 2015 between the Plaintiff and the petitioner of the same day (the terms and conditions of payment shall be in accordance with the terms and conditions of payment by the ordering office, and the contract shall be 7% of the down payment, intermediate payment 20% of the intermediate payment, 63% of the periodical period, and 10% of the balance).

Prior to this, the Defendant calculated the construction cost to be directly required by the instant construction project by comprehensively taking into account the construction cost, four major premiums, manufacturing expenses, general management expenses, and corporate profits, etc., and submitted a estimate of KRW 900 million of the construction cost to the petitioner on January 3, 2015.

E. On February 2, 2015, the Defendant received down payment of KRW 63 million (10 million) from the petitioner mountain machine, and transferred the amount of KRW 35 million out of which was designated by the Plaintiff pursuant to the instant intermediary agreement, to C’s account that recommended the Defendant to the Plaintiff.

F. C In accordance with an agreement with the Plaintiff, it has 10 million won out of 35 million won and the remainder of 25 million won from February 2, 2015.