1. The plaintiff's claim is dismissed.

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

1. The Defendant is the owner of the instant construction work, which is a seven-dimensional factory, office building, and warehouse construction work, such as D, on the ground of the Gyeong-gun, Seongbuk-gun, Seongbuk-do (hereinafter “instant construction work”).

E (one person F, G operation) borrowed the business name and passbook from H (I operation) and entered into a contract for construction work with the Defendant in the name of H (I).

H During the instant construction, the steel structure construction was subcontracted by E, while the Plaintiff (J) was awarded a subcontract for the electrical construction during the instant construction.

The Plaintiff executed and completed electrical construction during the instant construction, and issued the Defendant a certificate of electrical construction, fire-fighting, and communications.

The plaintiff was paid 15,00,000 won out of 45,000,000 won for electrical construction from E and did not receive the remainder of 30,000,000 won.

[Ground of recognition] A without dispute, each entry in Gap evidence 5 to 7 (including branch numbers), witness H's testimony, the purport of the whole pleadings

2. The parties' assertion and judgment

A. The Plaintiff’s assertion (1) The Defendant, as the owner, agreed to directly pay to the Plaintiff KRW 30,000,000,000, which was not paid by E, to the Plaintiff.

Therefore, the defendant is obligated to pay the plaintiff the above construction cost of KRW 30,000,000 and damages for delay.

(2) The Defendant’s assertion did not have agreed to pay the unpaid electrical construction price to the Plaintiff and the Plaintiff directly. The Defendant paid KRW 724,278,021 exceeding KRW 713,09,00 of the contract amount for the instant construction project as stipulated in the instant construction project, and thus there is no construction cost to be paid for the instant construction project.

B. According to the statements in Gap's evidence Nos. 1, 2, and 4, and witness H's testimony, it is recognized that the defendant agreed to pay 30,000,000 won to the plaintiff directly.

However, the above facts and circumstances are as follows, which are acknowledged by the entry of Gap's factual relations and Gap's evidence No. 3, i.e., the defendant E and this.