1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On April 1, 2014, the Defendant was awarded a contract with Nonparty C (hereinafter “Nonindicted Company”) for the construction cost of soil works, earth and rocks construction works, and the basic reinforcement works (hereinafter “instant construction”) among the new construction works of building in Yangsan-si (hereinafter “Nonindicted Company”) at KRW 90 million for construction cost (including surtax).

B. In the process of performing the instant construction project, the Defendant, on June 1, 2015, agreed with the Plaintiff on the compensation for damages incurred from the said damage at KRW 100 million, but the Plaintiff agreed to receive the said amount directly from the Nonparty Company (hereinafter “instant amount”).

[Reasons for Recognition] Facts without dispute, entry B in the evidence of Nos. 1 to 3, the purport of the whole pleadings

2. The Plaintiff’s assertion that the Defendant: (a) among the construction cost of the instant construction project unpaid by the non-party company, decided to first claim and receive KRW 100 million from the non-party company and deliver it to the Plaintiff; and (b) there was uncertainty as to whether the Defendant could be entitled to receive the unpaid construction cost from the non-party company due to the reasons such as weakening the payment ability of the non-party company; (c) therefore, the Defendant is obliged to pay the Plaintiff

3. According to the above facts of recognition, the plaintiff and the defendant agreed to receive the agreement of this case directly from the non-party company. In light of the following circumstances acknowledged by comprehensively taking into account the evidence, Gap evidence No. 1, Eul evidence No. 4, and Eul evidence No. 6 and the whole purport of the pleadings, it is difficult to view that the defendant is obligated to pay the agreement of this case to the plaintiff. Thus, the plaintiff's claim of this case is without merit without further examining other issues, such as whether the period of repayment has arrived.

(1) The defendant shall prepare a written agreement with the plaintiff on June 1, 2015 and the same year.

6. 25. The non-party company