1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Plaintiff as the parties is a corporation with the purpose of construction business, and the Defendant is a corporation with the objective of solar power generation business.

B. The Defendant entered into a contract between the Defendant and B (hereinafter “B”) under which the contracting party agreed to construct solar power generation facilities construction works to be created in the forest and field C in Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, with the construction cost of KRW 3.5 billion (value-added tax separate) and the contracting party (hereinafter “instant contract”).

C. On December 1, 2011, B entered into a subcontract agreement with the Plaintiff on December 1, 201, which entered into between the Plaintiff and B on December 6, 201, with the construction cost of KRW 6550,120,000 for the instant subcontracted project among the construction works for solar power generation facilities (hereinafter referred to as the “instant subcontracted project”). On December 2, 2011, the date of commencement, and February 28, 2012, the completion date of the instant subcontracted project.

[Ground of recognition] A without dispute, entry of Gap evidence 2, purport of whole pleadings

2. Determination as to the cause of the instant claim (the existence of a right to claim a direct payment of subcontract price)

A. The Plaintiff’s assertion 1) On February 27, 2012, the Plaintiff entered into the first modified contract with B with respect to the instant subcontracted project, which adds some processes, such as soil works and appurtenant works, with respect to the instant subcontracted project. On May 9, 2012, the Plaintiff entered into the second modified contract, which extends the period of the instant subcontracted project by July 15, 2012, by adding the construction cost of the instant subcontracted project from KRW 6.55 million to KRW 814 billion. The Plaintiff entered into the second modified contract with respect to the instant subcontracted project, which extends the period of the instant subcontracted project to July 15, 2012. 2) After completing the instant subcontracted project, the Plaintiff filed a claim for the completion of the instant subcontracted project with B on July 17, 2012, along with a defect warranty certificate.

B, a principal contractor, who is directly requested for the payment of subcontract price to the defendant who is the ordering person, is the subcontractor on the ground that the defendant who is the ordering person has not received the construction price under the contract of this case.