1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On August 29, 2012, the Plaintiff contracted a new construction of a neighboring shopping mall on the land outside Incheon City (hereinafter “instant shopping mall”). On August 29, 2012, the Plaintiff concluded a subcontract with the Defendant, setting the construction cost of KRW 299,00,000 (excluding value-added tax) and the construction period from September 1, 2012 to December 1, 2012.

B. On December 14, 2012, the Plaintiff prepared a written statement of non-performance and a written confirmation as follows and issued it to the Defendant.

The title of the construction project in this case: The fair name of the new construction project in the commercial building in this case: The amount of subsidies for the construction project (other than the soil-proof project: 299,000,000 won (excluding value added tax) shall be the site of the civil construction project, and in connection with the payment of the construction cost, you agree to receive the construction cost directly from the ordering authority in our country.

On December 14, 2012, the amount recorded in a written statement of direct payment on December 14, 2012 is for the submission of a written statement of direct payment to the two-use industry (owner B), so it is determined later through consultation.

The Plaintiff and the Defendant settled the construction cost of KRW 260,00,000 on March 4, 2013, and agreed to return to the Plaintiff the amount of KRW 39,00,000 (29,000,000-260,000) calculated by deducting the agreed amount of KRW 260,000 from the ordering person B when the Defendant received all the amount according to the written consent for direct payment on December 4, 2012 from the ordering person B (hereinafter “instant agreement”).

The Defendant filed a request for payment order against B with the Incheon District Court No. 2013 tea1282 and received the payment order (hereinafter “instant payment order”) from the above court. The instant payment order was finalized on December 7, 2013.

[Ground of recognition] dispute.