1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On March 19, 2012, the Plaintiff received a subcontract from the Defendant to install a military mine and contact facilities (hereinafter “instant construction”) and the subcontractor’s name as “stock company B” under the contract. However, there is no dispute over the Plaintiff’s appointment.

On July 2012, 201, Police Officers completed this.

B. After that, on August 2012, the Plaintiff settled the balance of the construction cost of the instant construction project with the Defendant as KRW 41,769,000 (hereinafter “the instant settlement amount”) and issued a tax invoice on August 20, 2012 to the Defendant.

C. Meanwhile, the Defendant, as part of the instant construction balance, paid KRW 3,798,00 to the Plaintiff on October 23, 2012.

[Ground of recognition] Facts without dispute, Gap evidence 1-1, 2, Gap evidence 2-3, Eul evidence 1-1, 2-2, Eul evidence 2-2, and Eul's whole purport of pleading

2. The parties' assertion and judgment

A. According to the above facts finding as to the cause of the claim, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff the remainder of 37,971,000 won (=41,769,000 won - 3,798,000 won) calculated by subtracting the above partial repayment from the balance of the instant construction project, and damages for delay.

B. The Defendant’s defense 1) summary of the Defendant’s defense ① (a) the period of three years from October 23, 2012, which was the date of partial repayment, had already expired prior to the application for the instant payment order. (b) Even if not, the Plaintiff, on August 23, 2012, decided to recognize the Defendant’s responsibility for delay of air at the time of the settlement of the police officer’s accounts, and to waive the Defendant’s claim for the instant construction balance. (b) First, the Defendant’s above determination of ① the lapse of the statute of limitations defense, and as to the instant construction remainder claims, the period from August 2012, 201 to August 20, 2012, the period of advance payment and the completion money settlement is within one week from the date of the said settlement.