1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Plaintiff is a person engaged in the construction business of Changho and steel in the trade name of “C,” and the Defendant is a person who newly constructed multi-family housing of the first and fourth floor above the ground (hereinafter “instant housing”) on the land of the wife population D in Young-si and completed registration of preservation of ownership on May 1, 2014.

B. On September 6, 2012, the Defendant: (a) concluded a contract for the construction work of the instant new housing by setting the contract amount of KRW 800 million (value-added tax consultation) and the construction period on January 20, 2013; and (b) waived the said construction work on March 8, 2013.

C. On April 12, 2013, the Defendant entered into a construction contract with E by setting the contract amount of KRW 600 million (excluding value-added tax) and the construction period as of May 22, 2013 with respect to the instant new housing construction project. The said contract amount was the amount calculated by deducting the pre-construction amount of KRW 200 million from the total construction amount of KRW 80 million.

On September 10, 2013, the Plaintiff was awarded a subcontract for Changho Construction Co., Ltd. (hereinafter “instant construction”) among the new construction works of this case to KRW 49 million in the construction cost (excluding value-added tax).

E. On December 24, 2013, the Plaintiff drafted a letter “C” stating “The construction of the present automatic door as a black book. Liven transparency = 16m/m reinforcement, 12m/m reinforcement” (hereinafter “each letter of this case”). The following are written as follows: “The balance shall be paid in the presence of the Defendant after the loan,” “F, as the representative of E Co., Ltd., signed it as the confirmation,” and the Defendant signed it as the above.

[Grounds for Recognition: Gap 1, 2, 4, 5, Eul 1, 2, Eul 4-1 to 3, 6]

2. Determination

A. (1) The Plaintiff’s assertion (1) was awarded a subcontract for the instant construction project from E by the Plaintiff, and the Defendant, the owner, who was a stock company E, did not pay the said construction cost.