The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Basic Facts

A. On January 31, 2013, the Plaintiff entered into a contract for construction works with the Defendant and B (hereinafter “instant construction works”) with respect to the period of construction works from February 1, 2013 to August 31, 2013; and the construction cost is KRW 11,60,000,000 (including value-added tax; hereinafter the same shall apply) with respect to the construction works (hereinafter “instant contract for construction works”).

C participated in the construction contract of the instant construction project as a contractor (PM).

B. Around September 2013, the Plaintiff completed the instant construction work. (2) From February 6, 2013 to September 16, 2013, the Defendant paid the Plaintiff KRW 11,385,015,796 in total as construction cost under the instant construction contract.

C. On the other hand, on February 28, 2013, the Plaintiff: (a) made a direct written consent and directly paid the subcontract price; and (b) made a secondary construction of machinery and equipment among D and the instant construction (hereinafter “instant subcontracted construction”).

As to the period of construction work, a subcontract for construction work (hereinafter “instant subcontract”) to the effect that: (a) the period of construction work is from March 1, 2013 to July 10, 2013; and (b) the amount of construction work is fixed at KRW 57,662,00 and subcontracted at KRW 557

(2) On September 12, 2013, the Plaintiff and E entered into a written consent for direct payment of the subcontract price (hereinafter “instant direct payment consent”) with the purport that the Defendant consented to the payment of the construction cost under the instant subcontract work to E, and submitted it to the Defendant around that time.

3) On September 16, 2013, the Defendant paid the Plaintiff the last payment for the completion of the construction work, and paid KRW 200,000,00 to E as the construction work price in accordance with the instant direct payment consent. D. After completion, the settlement agreement, etc. was reached, etc.) around March 6, 2015, the Plaintiff sent to the Defendant an official document stating that KRW 214,984,204 out of the construction work price under the instant construction contract, and additional construction cost, other than the contract, was unpaid.

2. On August 21, 2015, the Plaintiff is between the Defendant and the Defendant.