1. The plaintiff's claim is dismissed.

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

1. On July 20, 2017, the Plaintiff (hereinafter “instant contract”) concluded a contract with the Defendant to accept a subcontract for the extension of facilities for the elderly and children in Daejeon E-gu (hereinafter “instant construction”) that the Defendant received from the Defendant for a social welfare foundation D (hereinafter “instant contract”) for KRW 198,921,910.

The instant construction was interrupted while reinforced concrete construction was completed, and the Defendant completed the remainder of the instant construction.

Of the instant construction works, the construction cost of reinforced concrete is KRW 85,003,830.

[Ground for Recognition: Facts without dispute, Gap evidence 1, 2, Eul evidence 1, the purport of the whole pleadings]

2. Determination on the claim

A. The summary of the cause of the claim is that “the Plaintiff seeks payment of KRW 45,003,830,000,000,000, which was paid in advance by the Defendant, as the construction of reinforced concrete was completed during the instant construction work.”

B. First of all, as alleged by the Plaintiff, it is insufficient to accept the Plaintiff’s completion of reinforced concrete construction during the instant construction only by the descriptions of the Health Team, Gap evidence Nos. 3 and 4 (including each number; hereinafter the same shall apply), and there is no other evidence to prove otherwise.

Rather, according to the statements in the evidence Nos. 2 through 23, the Plaintiff, immediately after the conclusion of the instant contract, was subject to the seizure of claims by the Plaintiff’s trader and the seizure of claims against the Plaintiff, voluntarily agreed with the Defendant to proceed with the Plaintiff G Co., Ltd. (H, in-house director I, hereinafter “in-house company”) instead of the Plaintiff Company (hereinafter “in-house company”).

Therefore, on August 22, 2017, the Defendant transferred advance payment of KRW 40 million to the non-party company on August 23, 2017, which received KRW 70 million from the social welfare foundation D, and the non-party company suspended construction work after completion of the instant construction work, and the Defendant suspended construction work.