1. The plaintiff's claim is dismissed.

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

1. Basic facts

(a) On April 9, 2018, a stock company A (hereinafter referred to as “A”) subcontracted the steel framed from the Defendant to the Ulsan-gu D Corporation (hereinafter referred to as the “instant Corporation”) for construction period (hereinafter referred to as “first subcontract”) from April 9, 2018.

6. By the end of 30.30., KRW 10 million out of the construction cost of KRW 65 million (excluding value-added tax) shall be paid in advance, and the remainder shall be paid in advance after the completion of construction, but the contract was agreed to be executed in accordance with the terms and conditions of the construction subcontract, design drawings, and specifications attached to the contract.

B. From June 18, 2018, A, the construction period of the steel framed Corporation (ABSBER) is additionally subcontracted by the Defendant on June 11, 2018 (hereinafter referred to as “second subcontract”).

7. up to 31. 31. Of the construction cost of KRW 130 million (excluding value-added tax), KRW 30 million shall be paid in advance, and the remainder shall be paid in advance after the completion of the construction work, but the contract shall be executed in accordance with the terms of the construction subcontract, design drawings, and specifications attached to the contract.

C. A received each payment of KRW 11 million from the Defendant as the advance payment in the first subcontract on April 17, 2018, and KRW 30 million as the advance payment in the second subcontract on June 18, 2018.

A was decided on March 20, 2019 by Changwon District Court 2019 Gohap1003, and the Plaintiff was appointed as a custodian and taken over the instant lawsuit.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, Eul evidence 4-1, Eul evidence 4-2, the purport of the whole pleadings

2. The assertion and judgment

A. A, who is the plaintiff's assertion 1 of the parties, completed construction work in accordance with the first and second subcontract and issued a tax invoice for the construction cost of KRW 2,350,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000 won.