1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On May 20, 2015, the Plaintiff and the Defendant agreed to jointly supply and demand “C Business” ordered by Jeonnam-do (hereinafter “C Business”).

B. On June 8, 2015, the Plaintiff and the Defendant jointly contracted the instant construction from Jeonnam-do, and jointly performed the primary construction in 2015, the primary construction in 2016, the secondary construction in 2016, and the primary construction in 2017.

[Ground of recognition] Facts without dispute, Gap 1, 2, 6, and 7's statements, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion and the Defendant jointly implement the entire construction work according to the ratio of their investment, and the joint venture that jointly bears the responsibility of construction to the contractor, and has the nature of a partnership under the Civil Act. Therefore, the construction cost should be settled at the ratio of shares between the Plaintiff and the Defendant.

The Plaintiff’s share in the instant construction project is 66.65%, and the Defendant’s share is 33.35%, and the Plaintiff’s share is 225,328,613 won of construction cost for the third-class construction project, the Plaintiff shall bear 150,181,520 won, and the Defendant shall bear 75,147,092 won, respectively.

Nevertheless, since the Plaintiff spent KRW 184,539,613, the Defendant should pay KRW 34,358,093 that the Plaintiff spent to the Plaintiff.

B. The plaintiff and the defendant are jointly and severally liable for the execution to the contractor, but they are internally responsible for the execution only for the part to be executed, and the construction cost of KRW 34,358,093, which the plaintiff paid in excess, is not related to the part to be executed that the defendant originally decided to be responsible, and the defendant is not obligated to pay the above construction cost to the plaintiff.

3. In full view of the purport of the entire argument in Gap evidence No. 6, the plaintiff and the defendant agreed to jointly supply and demand the instant construction work, and they are jointly and severally liable to perform the construction work to the ordering agency, but the plaintiff internally assumes the responsibility.