1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. C Co., Ltd. (hereinafter “C”) is a company running indoor construction business, etc., and the Defendant is a representative director C.

B. Around September 16, 2014, C concluded a contract for construction works with respect to D and studio remodeling construction works located in Incheon E (hereinafter “instant construction works”) by setting the construction cost of KRW 255,000,000 and the construction period from September 18, 2014 to November 27, 2014.

C. Around October 6, 2014, C entered into a subcontract with F, the Plaintiff’s land owner, and with respect to the remainder of the construction project except design and removal among the instant construction works, at KRW 200,000,000.

F did not receive the subcontract price directly from C, and the Plaintiff had received the subcontract price in his name and managed and executed the instant construction work.

E. However, around December 29, 2014, C received a decision on the commencement of rehabilitation procedures as the District Court 2014 Gohap511, and the project owner D paid the construction cost directly from December 2014.

F. The instant construction project was completed on March 2015, and the sum of the construction cost paid by C or the Defendant and the amount paid by D to the owner of the building exceeds KRW 200,000,000, which is the subcontracted construction cost.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, 10, 11, 30, 42, Eul evidence No. 3 (including provisional number), witness F's testimony, and the purport of the whole pleadings

2. The parties' assertion

A. The gist of the Plaintiff’s assertion was C’s employee to take charge of the instant construction site management, and around November 2014, C promised to individually settle the construction cost incurred by the Plaintiff when C requested the Plaintiff, who is the defaulted Na, and the representative director C, to complete the instant construction project.

Accordingly, the plaintiff completed the construction of this case with the loan. The plaintiff paid 191,558,897 won with the total amount of expenses and interest on the loan, which is 136,467,008 won. Thus, the defendant paid 55,121 won to the plaintiff.