1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On June 20, 201, the Plaintiff contracted with the Defendant for the supply of and demand for the New Construction of the Seo-gu Daejeon District Office C (hereinafter “instant construction”) and entered into a subcontract with the Defendant on June 20, 201, with respect to the construction cost of the Changho Metal Construction among the said new construction works (hereinafter “instant construction”). The construction period of the said construction works was the end of November 201.

B. According to the agreement with the Defendant, the Plaintiff entered into an additional construction contract with the amount of KRW 6,018,411 as additional construction cost during the course of the instant construction project. On November 201, the Plaintiff completed the instant construction project and the said additional construction work.

C. On November 29, 201, the Plaintiff agreed with the Defendant to settle the instant construction cost of KRW 70,000,000 (hereinafter “instant agreement”). On the same day, between D and D, the owner of the instant building, the Plaintiff entered into a sales contract for the G Building Nos. 301, 303, Dong 103 (hereinafter “the instant loan”).

On August 9, 2013, the instant loan was sold at a voluntary auction on April 1, 2014 by the Daejeon District Court (H) upon receipt of a decision to commence voluntary auction.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 4, Eul evidence 1, 6, the purport of the whole pleadings

2. Determination on payment in kind

A. The Plaintiff’s assertion that the construction cost of this case was not paid to the Plaintiff (i.e., KRW 67,541,046,01). The Plaintiff agreed to settle the construction cost of this case with the Defendant around November 29, 201, as the Defendant agreed to pay KRW 70,000,000,000, around November 29, 201, the Defendant is obligated to pay the Plaintiff KRW 70,000.

B. Defendant’s assertion 1) Around 201, the Defendant’s actual manager I concluded and completed a contract for multi-household building construction, “G building,” with D, Seo-gu, Daejeon. 2) D, the owner of the instant building, succeeded to the Defendant’s obligation to pay the instant construction cost to the Plaintiff, and agreed between the Plaintiff and E, to repay the instant loan as a substitute.