1. The plaintiff's claim is dismissed.

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

Basic Facts

The Plaintiff is an individual entrepreneur who runs a creative and glass construction business with the trade name of “C,” and the Defendant is the business owner of “D” who runs a creative construction business, etc.

E Around November 20, 2014, the E Co., Ltd. (hereinafter referred to as “E”) entered into a subcontract with F Co., Ltd. (hereinafter referred to as “F”) on the condition that the construction cost of the construction of the new facilities outside the port of port G, which is KRW 412,335,000, among the construction works of the new facilities outside the port of port of port (hereinafter referred to as “instant new construction works”) is set at KRW 412,35,000, and the Plaintiff undertaken the instant new construction works among the new construction works (hereinafter referred to as “instant G works”).

[Reasons for Recognition] A without dispute, Gap evidence 7, 8, Eul evidence 1, 4, and 5, testimony of witness, testimony of witness, and the purport of the whole pleadings, H, the husband of the plaintiff, the plaintiff, was subcontracted the new construction of this case to the plaintiff under the name of F and sub-subcontracted the construction of this case to the plaintiff. The plaintiff completed the G construction of this case.

H Trading in the name of H was traded under the name of H, and the Defendant jointly operated D with H, and thus, the Plaintiff is liable to pay the instant G construction cost.

Meanwhile, around December 2014, the Plaintiff was awarded a contract for the Construction of the Commercial Building (hereinafter “instant I”) among the Construction of the Commercial Building located in the Daegu-gun, Daegu-gun, which was implemented by H with the introduction of H around the end of December, 2014, and the Plaintiff failed to pay the construction cost even after completion of the construction work equivalent to KRW 2,885,000, and H was willing to resolve the payment of the construction cost.

Therefore, the Defendant is obligated to pay the Plaintiff the sum of KRW 79,072,871, and the sum of KRW 2,885,00, and KRW 81,957,871, and damages for delay, which were not paid to the Plaintiff.

Defendant H actually operated the instant new construction project, and the Defendant did not participate in the instant construction project, and the Plaintiff paid all the instant G construction cost to the Plaintiff.

In addition, H or the defendant shall do the I Corporation of this case.