1. The plaintiff's claim is dismissed.

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

1. Determination as to the cause of claim

A. The gist of the Plaintiff’s assertion 1) around September 9, 2012, the Plaintiff concluded a construction contract between the Defendant and the Defendant, setting the construction period from September 9, 2012 to October 30, 2012, and completed the construction work between the panel construction of a building site, roof, and outer wall, and the construction work inside a new building, and the construction work inside a new building (147,00,000 for the construction work outside a new building among the new buildings) and the construction work outside a new building (147,00,000 for the construction work outside a new building), and the construction work between September 9, 2012 and October 30, 2012 for the construction work inside a new building site. 2) The Defendant requested SH Construction Committee to provide the remainder of the new building construction work to the Plaintiff and did not undertake the construction work outside the said new building.

3) At the time the Plaintiff entered into a subcontract to A.S. Construction Co., Ltd., the Defendant agreed to pay the Plaintiff KRW 17,150,100, and KRW 7,849,90, and KRW 38,363,637, including the Plaintiff’s value-added tax 13,363,637, and KRW 38,363,637, and the construction cost for the remainder of the construction works that the Plaintiff entered into a contract for the said new building, without paying KRW 35,363,637, among the above amounts that the Plaintiff promised to pay to the Plaintiff, the Defendant paid KRW 3,00,000 to the Plaintiff. Nevertheless, the Defendant paid KRW 35,363,637, and paid KRW 147,637 to the Plaintiff to the Plaintiff Construction Co., Ltd. as a whole, without paying the remainder of the construction cost.

5 Therefore, the defendant is liable to pay the above KRW 35,363,637 and damages for delay to the plaintiff.

B. The judgment of the court below is based on the evidence Nos. 3 to 13.