1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Defendant, a school foundation established for the purpose of providing secondary education, established a school relocation situation room around 1999 for the relocation and new construction work of CY, a school established by the Defendant, and entirely delegated the affairs related to the construction work to the situation room.

After that, the defendant pointed out that the office of education should abolish the situation room established without the establishment regulations, and took measures of closure around November 2003, but actually operated the situation room until February 2004.

B. On October 19, 199, the Defendant contracted D Co., Ltd. (hereinafter “D”), CJ relocation new construction work at KRW 9,525,00,000,00 for construction cost, October 25, 1999 on the commencement date, and June 30, 2001 on the completion date, to D Co., Ltd. (hereinafter “E”), and D subcontracted the civil engineering work among the previous new construction work to E (hereinafter “E”).

C. The playgrounds to be transferred and newly built were designed to be the site that constituted the original perfect slope. After that, the design was changed to have the height of the playgrounds cut in line with the surrounding roads and divide them into the upper and lower sides. During that process, it was necessary to install landscaping rocks in the boundary part where the upper and lower sides are partitioned, and to planting them in the right place between landscaping stone and planting them.

As of January 5, 2004, under the direction of F, the head of the Defendant’s situation office, the Defendant and E’s representative director G were practically operated by H (the current trade name is changed several times thereafter, and the current trade name is changed; hereinafter “H”), the Defendant entered into a construction contract (hereinafter “the instant construction contract”) with the content that the construction cost of the construction project to be concluded on January 10, 204, the date of commencement and the date of completion on July 15, 2004 by setting up a temporary entry into H and temporary entry into H, 371,000,000,000, and the construction cost of the playground landscaping as the construction cost.

E. H is against the Defendant as Jeonju District Court 2004Kahap472 on October 29, 2004.