1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On March 24, 2011, the Defendant constituted a consortium with C Co., Ltd. (hereinafter “C”) and received a subcontract from D Co., Ltd. (hereinafter “D”) for removal works (hereinafter “instant construction works”) among the projects for improving FFF Area and Housing Redevelopment in Seodaemun-gu Seoul (hereinafter “D”).

(hereinafter “instant subcontract”). (b)

The Defendant received from D the payment of KRW 120,00,00 (excluding value-added tax; hereinafter the same shall apply), KRW 48,00,00 on September 201, and KRW 34,459,440 on September 2012, KRW 318,10,560 on October 201, KRW 64,708,080 and KRW 101,039,331 on December 2014, and KRW 65,42,440 on February 2015, and KRW 15,936,760 on December 2014.

[Reasons for Recognition] Unsatisfy, Gap evidence 15, Eul evidence 1 (including a provisional number; hereinafter the same shall apply), the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's assertion that the subcontract of this case was concluded by lending the name of the defendant, and the plaintiff performed the removal work according to the subcontract of this case.

According to the agreement between the plaintiff and the defendant, the defendant shall pay to the plaintiff who actually performed the removal work an amount calculated by deducting the expenses incurred by the defendant, such as taxes paid by the defendant, from the construction price received from D.

However, the defendant only paid the amount corresponding to the progress payment that was received in September 201, and rejected the payment of the progress payment that was received thereafter.

Therefore, the Plaintiff, as a result of the performance of the obligation to pay the construction price under the primary agreement against the Defendant, sought the payment of the amount claimed as compensation for damages arising from the nonperformance of the said obligation or the infringement of the Plaintiff’s claim for the construction price against D.

B. There is no agreement between the plaintiff and the defendant on the part of the defendant's assertion, and the contract of this case is concluded.