1. The plaintiff's claim is dismissed.

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

1. The plaintiff's assertion that the defendant received a successful bid for the B project ordered by the Korea Rural Community Corporation and the Military Head Office around 2010, and subcontracted the above construction in a lump sum to the construction of a limited liability company (hereinafter "pre-subcontract"), and the plaintiff is a person who re-subcontracts part of the above construction from the initial construction

The Plaintiff entered into a sub-subcontract with the construction cost of KRW 435,00,000 for the initial construction in 2013 and part of the said construction, and completed the subcontract from March 10, 2013 to December 10, 2014. However, the Plaintiff was paid KRW 332,190,000 for the construction cost from the initial construction in 2013, and the remainder was not paid.

As a result of the Plaintiff’s understanding, the Defendant voluntarily deducted KRW 47,810,000 from the Plaintiff’s construction cost for the year 2013 and the year 2014 for one on-site agent and two quality managers at the construction site that the Plaintiff started, and paid KRW 55,00,000 for the remainder of KRW 55,00,000 for the construction cost. Accordingly, the Defendant did not pay KRW 102,810,000 for construction.

The start-up construction was closed on August 25, 2016 due to the default. Pursuant to Article 14(1)1 of the Fair Transactions in Subcontracting Act, the Defendant is obligated to pay the Plaintiff the construction price of KRW 102,810,000 and the delay damages therefor directly.

2. The plaintiff presented evidence to prove the above alleged facts, and evidence Nos. 1-2 and 1-2 are prepared by the plaintiff directly, and evidence Nos. 3-1, 2, and 3 are hard to recognize that the plaintiff's assertion is proved as it is because he/she was unaware of his/her maker, etc. However, according to the purport of each of the statements and arguments Nos. 1-1 through 10 (including serial numbers in cases where there are serial numbers), the defendant concluded a contract for a construction project with a construction company in connection with the construction project claimed by the plaintiff, and paid in whole prior to the closure of construction for the calculation of the price according to the construction contract.