1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Defendant awarded a contract to the U.S. U.S. Heavy Industries Co., Ltd. (hereinafter referred to as “S.T.T.T.T.T.T.T.T.T.T.T.T.T. 35-1.

B. On October 8, 2014, the foundation of the basic construction work factory, tin storage, steel structure installation, windows, sculptures, and printing teams, among the aforementioned new construction works, to the Plaintiff on October 8, 2014

1. The construction of this case is called “the construction of this case”

(C) The subcontract was subcontracted (the construction period: from October 8, 2014 to December 30, 2014; the contract amount: KRW 589,270,000 (including value-added tax); hereinafter referred to as the “instant subcontract”).

[. [The facts without dispute as to the basis for recognition, as described in Gap evidence No. 4]

2. The plaintiff's assertion

A. The Plaintiff completed the instant construction on January 20, 2015.

Meanwhile, the contract amount of the instant construction was reduced from KRW 589,270,000 to KRW 571,670,000 on the ground that the retaining wall reinforcement work among the instant construction works originally contracted changed to the front stone construction, etc.

UBT, on November 5, 2014, paid a total of KRW 456,423,00 in progress payment of KRW 184,80,00 on December 5, 2014, KRW 94,710,00 on December 5, 2014, KRW 456,423,00 on January 7, 2015, and KRW 115,247,00 (=571,670,000) - KRW 456,423,00 on January 7, 2015.

B. The defendant shall pay the construction price of this case directly to the plaintiff for the following reasons.

1) At the time of the instant subcontract, the Defendant agreed to directly contract the instant construction work to the Plaintiff, and further, made up a written promise to pay the construction cost (Evidence A6) to the Plaintiff, thereby accepting the instant obligation to pay the construction cost in parallel.

3) Even if the Defendant did not assume a joint and several liability or an overlapping obligation, the Defendant is liable to guide and supervise the payment undertaking of the construction cost (in accordance with the evidence No. 6 of the A), so that the Plaintiff may not fail to pay the construction cost to the Plaintiff.