1. The plaintiff's claim is dismissed.

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

Basic Facts

On July 2, 2014, the Defendant issued a subcontract to the Plaintiff on July 2, 2014, setting the electrical construction sector as the construction cost of KRW 955,90,000 (hereinafter “construction cost”).

On August 2014, the Defendant’s managing director, via the head of the field office E, requested the Plaintiff to pay the construction cost that the Defendant had not paid to the subcontractor at another construction site that the Defendant previously constructed (hereinafter “previous construction cost”) instead of part of the construction cost of this case.

Accordingly, from August 12, 2014 to December 2, 2014, the Plaintiff paid out KRW 330,3330,000 out of the previous construction payment to the said subcontractor as part of the instant construction payment received from the Defendant on behalf of the Defendant.

[Reasons for Recognition] According to the facts acknowledged in Paragraph (1) of the judgment as to the plaintiff's main cause of claim as to the plaintiff's primary cause of claim, Gap 1 through 4, and 14, barring any special circumstance, the defendant is obligated to repay KRW 30,330,030,000,000, which is equivalent to the amount of the previous construction payment that the plaintiff paid on behalf

The defendant's defense asserts that since the plaintiff, a third party who is not an interested party, has repaid the above debt against the defendant's will, the plaintiff cannot exercise the right of reimbursement against the defendant.

The following facts are acknowledged by adding each entry of Gap evidence 14 and Eul evidence 3 to the whole purport of the pleadings, unless there is a dispute between the parties or by adding the whole purport of the pleadings.

D and E have not been paid to subcontractors without reporting part of the construction cost incurred during the construction process to the Defendant, in order to avoid the responsibility they should have to pay if they fail to meet the target amount of profit determined by the Defendant at the time of the execution of construction work at another construction site of the Defendant.