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 company whose business purpose is non-intersor dismantling structures, etc., and the Defendant is a company whose business purpose is machinery equipment construction business and steel structure construction business, etc., and Nonparty C Co., Ltd (hereinafter “C”) is a company whose business purpose is steel-frame machinery pipe equipment business, etc.

B. Around November 1, 2017, the Defendant awarded a contract for construction cost of KRW 13.8 billion for machinery and pipes works from among G located in Seosan-si, which was performed by Nonparty D Co., Ltd., and the Defendant awarded a subcontract for construction cost of KRW 8.8 billion for pipes and steel framed works (hereinafter “instant construction works”) with the exception of the mechanical parts during the said construction works (hereinafter “instant construction works”) from November 1, 2017 to December 31, 2018, by setting the construction cost of KRW 8.8 billion for construction cost (excluding value-added tax) and the period of construction from November 1, 2017 to December 31, 2018.

C. C entrusted the Plaintiff with the construction and dismantling of the instant construction works (hereinafter “non-subcontract-related construction works”). However, since the instant construction works were prohibited from sub-subcontracting, C did not prepare a separate contract.

After submitting a written estimate to the Defendant through C, the Plaintiff commenced construction works related to the rainon around November 1, 2017, and completed the said construction works around September 28, 2018.

E. The Plaintiff filed a claim with the Defendant for a total of KRW 1,378,314,640 per month from November 2017 to September 2018 for the progress payment of KRW 1,378,314,640, and the Defendant directly paid the labor cost of KRW 1,014,703,30 to the employees working at the construction site for the same period.

In addition, apart from the above labor cost, the Defendant paid the Plaintiff KRW 2,90,000,000 as the construction cost on December 15, 2017, and KRW 2,99 million on February 1, 2019.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion, the defendant, and C have the plaintiff carry out construction works related to the field of vision during the instant construction works, and the construction cost shall be paid to the defendant via C.