1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. On June 30, 2016, the Defendant entered into a contract with B (hereinafter “B”) to set the construction period from July 1, 2016 to September 6, 2017 by setting the contract amount at KRW 1,957,964,731 among “A five sections of apartment construction work” (hereinafter “A apartment construction work”) ordered by the Korea Land and Housing Corporation and awarded a contract to the Defendant, and entered into a direct payment agreement between the Korea Land and Housing Corporation and B, which requires the Korea Land and Housing Corporation to pay the construction price directly to B.

B. B, around July 2016, entered into a contract to re-subcontract the Plaintiff with the amount of KRW 216,00,000 (in addition to value-added tax and value-added tax included KRW 237,60,000) of the construction cost and the construction period from July 1, 2016 to May 31, 2017.

C. On April 20, 2017, at the time of the completion of the instant construction project that was re-subcontracted from B, the Plaintiff knew that it was impossible to complete the construction due to the failure to pay the construction cost, and requested the payment of the unpaid construction cost.

On the other hand, B agreed to pay the remainder of the construction cost in order from April 20, 2017 to June 30, 2017, and promised to make the remainder of the construction cost be treated as direct payment when it is not performed.

The Plaintiff continued the remainder construction and completed all of the instant construction work by April 30, 2017.

On the other hand, B

A. According to the agreement on the direct payment of the subcontract price, the project owner received the total sum of KRW 1,396,300,000 directly from the Korea Land and Housing Corporation, which is the ordering person, for the work price for early and outstanding works, from the Korea Land and Housing Corporation, until the end of April 2017, and among which the construction price for the instant project was included in the total sum of KRW 238,50,000 (the period of KRW 98.5% at the 10th time).

However, B actually performed the construction of this case.