1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On January 21, 2015, the Defendant awarded a subcontract for temporary construction works, reinforced concrete construction works, and appurtenant works (hereinafter “instant construction works”) among the construction works for the extension of a high-frequency elementary school building located in 110 in Changwon-si, Changwon-si, Inc. (hereinafter “Newsung Es”), with the construction cost of KRW 594 million (including value-added tax) and the construction period from January 21, 2015 to April 30, 2015.

(hereinafter referred to as “the first subcontract of this case”) No. 1-2. B.

On February 2, 2015, the Defendant agreed to cancel the first subcontract of this case with the Newsung Es, and agreed to conclude the instant construction work with the construction cost of KRW 594 million (including value-added tax) and the construction period from January 21, 2015 to May 30, 2015 with respect to the non-party Sycho-learning Co., Ltd. (hereinafter “Sycho-learning”).

(hereinafter referred to as “the second subcontract of this case”) No. B. 1-C.

On January 20, 2015, Shinsung agreed from the Plaintiff on January 20, 2015 that the issuance of the tax invoice and the payment for completed portion shall be made in principle by the prime contractor (Defendant) while leasing the temporary materials, etc. at the construction site of this case from January 20, 2015 to April 20, 2015 (including value-added tax).

(hereinafter “instant lease agreement”). A.D.

On March 20, 2015, the Defendant paid 28 million won for temporary materials to the Plaintiff. On March 20, 2015, the Plaintiff issued an electronic tax invoice with regard to the said 28 million won by designating the Defendant as “the recipient.”

(Evidence No. 11. [Evidence 11.] The facts without dispute, Gap evidence No. 1, 11, and Eul evidence No. 1 (including additional numbers) and the purport of the whole pleadings.

2. Regarding the claim for rent

A. The Plaintiff agreed to pay a rent under the instant lease agreement to the Plaintiff, or succeeded to the status of the new Es.S. under the instant lease agreement.