1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On April 2013, the Plaintiff was awarded a contract with the Defendant for the structural part, etc. of the building construction works on the land outside the South Sea C and three lots of land at KRW 80 million.

B. On December 18, 2013, the Defendant registered the preservation of ownership on the said new building.

[Ground] Facts without dispute, Gap's evidence 1-1 and 2, the purport of the whole pleadings

2. The assertion and judgment

A. The gist of the parties’ assertion 1) The Plaintiff received only KRW 40,708,800 among the total construction cost of KRW 80,000 from the Defendant, and did not receive the remainder of KRW 39,291,200. The remainder of the construction cost that the Defendant deducteds KRW 3 million directly paid to D due to trees at the construction site, shall be KRW 36,291,200. The Defendant shall pay the Plaintiff the remainder to the Plaintiff. 2) The Defendant paid the construction cost that the Defendant paid to the Plaintiff directly to the number of trees, etc. in charge of construction. Accordingly, the Plaintiff paid the money exceeding KRW 23,00,00 to the instant trees D, etc.

Therefore, the defendant does not have any obligation to pay the construction cost any longer to the plaintiff.

B. Determination 1) In full view of the Defendant’s remaining construction cost evidence Nos. 5 (Dismissal of Performance), 1 and 2, and the purport of the entire arguments, it is acknowledged that as of July 3, 2013, as of July 3, 2013, the Defendant’s obligation for the payment of construction cost to the Plaintiff remains in total of KRW 23 million, and that the Defendant paid KRW 23 million to the person directly in charge of the construction work, such as the number of trees. Accordingly, on July 3, 2013, the Plaintiff prepared a statement of performance (Evidence No. 5), stating that the Defendant’s payment of construction cost to D remains in total, KRW 4 million,00,000,000,0000,000,000,000 won, which was not paid by the Defendant to D directly on the day of the preparation of the above statement of performance, was omitted for the Defendant’s obligation to pay to the Plaintiff on April 3, 2013.