1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Plaintiff is a company running the business of dismantling non-system structures, etc., and the Defendant is an individual who runs the business of processing shipbuilding machinery under the trade name of “C”.

B. The Defendant was awarded a contract from Hyundai Heavy Industries Co., Ltd. for the removal of vessels D’s engine rooms inside the engine studs of electric wires and board teams (hereinafter “instant work”).

C. After all, on November 20, 2014, the Plaintiff completed the instant work on or around December 22, 2014, by setting the contract amount of the instant work from the Defendant as KRW 135 million (excluding surtax) and under a subcontract (hereinafter “instant subcontract”).

The Plaintiff and the Defendant entered into an agreement with the following terms at the time of entering into the instant subcontract agreement:

1. The female pressure cable 5SET shall be settled at the cost after purchase in C;

2. Safety labels, safety shoes, safety caps, and working clothes shall be settled at the gold-dong, after their purchase;

(including earthquake-proof gark, fire-proof clothes, armored shields)

3. The vegetation of braille shall be settled at actual expenses after work;

4.Other products purchased in C shall be settled at cost.

E. According to the instant subcontract agreement, the Defendant paid KRW 20 million to the Plaintiff in advance, and paid KRW 92,274,800,000 to the Plaintiff, including additional payment of KRW 64,774,80,00 on January 10, 2015, the Defendant prepared a construction settlement statement (Evidence 1) with the following content.

The settlement amount of the advance payment of the CACK CHCRE 135,00,000 13,500,000,000 20,000,00222,725,200 14,000,000,000 64,774,800,000 64,774,800 non-business expense equipment purchase, and the intention of the whole pleadings by VAT / [Grounds for Recognition], Gap’s 1 through 3 evidence, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff completed the instant work subcontracted by the Defendant, and thus, KRW 56,225,00 [the remainder of the construction cost unpaid to the Defendant = 148,50,000 (including VAT).