1. The plaintiff's claim against the primary defendant is dismissed.

2. Preliminary Defendant 42,864,000 won shall be the Plaintiff.

1. Basic facts

A. On December 26, 2014, the primary Defendant was awarded a contract for “B facility construction” by the Armed Forces Finance Management Body. On June 1, 2015, the primary Defendant subcontracted the instant construction work of reinforced concrete and a large-scale construction (hereinafter “instant construction”) to the primary Defendant.

B. On May 2015, the Plaintiff entered into a contract with the conjunctive Defendant’s employees and the members of the instant construction site to provide meals, and provided meals from May 2015 to July 2016. However, the Plaintiff did not receive KRW 42,864,00 for the price.

C. The primary Defendant paid the Plaintiff the meal cost from May 26, 2016 to July 2016, which was after the primary Defendant suspended the instant construction work.

[Reasons for Recognition] Facts without dispute, entry in Eul evidence Nos. 1, 3, 4, 15, 16 (including each number), and the purport of the whole pleadings

2. The assertion and judgment

A. (1) The main point of the Plaintiff’s assertion and determination against the primary Defendant is that the primary Defendant was at the risk of suspending construction works because the primary Defendant was unable to pay the costs related to construction works to the subcontractor, and that the primary Defendant agreed to pay the costs directly to the conjunctive Defendant’s creditors, including the Plaintiff, around April 4, 2016 and May 4, 2016, and thus, the primary Defendant is liable to pay the costs of meal unpaid to the Plaintiff.

(2) It is insufficient to acknowledge that there was an agreement between the Plaintiff and the primary Defendant to pay the meal cost, as alleged by the Plaintiff, solely on the written evidence of Gap evidence Nos. 6 through 9 (including each number of branches), and there is no other evidence to acknowledge it. Thus, the Plaintiff’s assertion is without merit.

B. On May 2015, the Plaintiff indicated the conjunctive Defendant’s assertion and determination (1) to provide meals to the ancillary Defendant’s employees and the people at the instant construction site.