1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. The Plaintiff is a corporation established for the purpose of mechanical facility construction business.

B. The Defendant, who operates a mutual company called "C" in Gangseo-gu Busan Metropolitan City, was to newly construct a C factory in Gangseo-gu Busan Metropolitan Government D (hereinafter "the factory of this case").

[Reasons for Recognition] Facts without dispute, purport of whole pleading

2. The parties' assertion

A. On May 11, 2015, the Plaintiff entered into a contract with the Defendant for the supply of machinery and fire fighting construction works among the new construction works of the instant plant to KRW 33 million (including value-added tax).

The Plaintiff completed construction works on August 2015 and claimed construction cost on August 25, 2015, but the Defendant did not pay it.

Therefore, the Defendant is obliged to pay the Plaintiff the construction cost of KRW 3 million and the delay damages.

B. The Defendant did not conclude a contract for mechanical fire-fighting works among the new construction works of the instant plant with the Plaintiff.

Rather, the Defendant entered into a contract with Sro comprehensive Construction Co., Ltd. (hereinafter referred to as “Sro comprehensive Construction”) to contract all construction works related to the construction of the instant plant, including the said mechanical and fire fighting construction, and paid the construction cost in full to Sroro comprehensive Construction.

3. Determination

A. In full view of the purport of the entire pleadings in the statements Nos. 1, 2, 6-1, 2, and 9, the following facts may be acknowledged:

1) On April 7, 2015, the Defendant entered into a contract to contract 2.177,47 million won for the construction cost of the instant plant and the construction of the instant plant (including value-added tax). The details of the contract (proof No. 2) include all the parts pertaining to mechanical fire-fighting construction, including the installation of indoor fire hydrant and pumps, and the material cost and labor cost corresponding to the said mechanical fire-fighting construction are similar to the Plaintiff’s claim amount as a total of KRW 34,760,707 (the part pertaining to the 1-7 fire-fighting pipeline construction among the three plant installation works).