1. The plaintiff's claim is dismissed.

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

1. Summary of the plaintiff's assertion

A. On April 1, 2017, the Plaintiff concluded a contract with the Defendant under which the Defendant would accept the instant subcontract amounting to KRW 36,000,000 (hereinafter “instant subcontract”).

B. Since then, the Plaintiff completed the subcontracted project under the instant contract, and the Defendant did not pay the Plaintiff KRW 31,000,000 out of the price.

C. Therefore, the Defendant is liable to pay the Plaintiff KRW 31,00,000,000 and damages for delay.

2. Determination

A. As to whether the contract of this case was entered into between the Plaintiff and the Defendant, the following facts are acknowledged in light of the health class, evidence Nos. 1 and 3, as to whether the contract of this case was entered into between the Plaintiff and the Defendant.

(1) On April 1, 2017, the Plaintiff entered into a subcontract agreement (Evidence A 1) with the Defendant that the subcontracted project in this case was contracted by the Defendant.

(2) On April 17, 2017, the Plaintiff received KRW 5,000,000 in relation to the instant subcontract project by account transfer, and the content is indicated as “Co., Ltd. E, a corporate person of the Defendant.”

B) However, comprehensively taking account of the overall purport of Gap evidence Nos. 1 and Eul evidence Nos. 1 through 4 and the entire arguments, the following facts are acknowledged. (1) around February 2017, F Co., Ltd. ordered a new construction of a factory on the land outside D and one parcel of land, which is the site of the instant subcontracted project. G Co., Ltd, which appears to have been awarded a contract for the said construction work, was the defendant’s representative director on February 15, 2017, and was the defendant’s representative director on April 17, 2018, and H’s trade name, as to I operating the construction business during the said construction work (hereinafter “instant construction”).

(2) I further subcontracted the individual entrepreneur.