1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On May 6, 2016, the Defendant and B concluded a contract for the construction of the neighborhood living facilities and multi-family houses located in Kimhae-si (hereinafter “non-party company”) by setting the construction cost of KRW 500 million (excluding value-added tax) and October 5, 2016 for the construction period to the general construction of the non-party company (hereinafter “non-party company”).

B. On August 2016, the Plaintiff concluded a subcontract to accept electricity, telecommunications, and fire fighting works (hereinafter “instant construction works”) among the said new construction works from the Nonparty Company (hereinafter “instant subcontract”) and did not complete the said construction works.

C. On December 19, 2016, the Plaintiff performed construction works equivalent to KRW 25,396,304 to the Defendant and B, and sent content-certified mail seeking payment.

Meanwhile, Defendant and B paid to Nonparty Company KRW 300 million, including KRW 17,50,000 on May 17, 2016, KRW 50,000 on July 26, 2016, KRW 50,000 on July 29, 2016, and KRW 100,000 on September 2, 2016.

E. However, on November 29, 2016, the non-party company discontinued the construction work after having defaulted.

[Ground of recognition] Unsatisfy, Gap evidence 2, 3, Eul evidence 1 and 2 (including paper numbers) and the purport of the whole pleadings

2. On August 8, 2016, the Plaintiff’s assertion that the instant construction work with the Nonparty Company was paid KRW 35 million for the construction cost, and during the construction period from August 8, 2016 to October 3, 2016, the subcontract of the instant case was concluded and the subcontract of the instant case was commenced on September 8, 2016, and the materials cost of KRW 14,753,101 for the period that ends on September 8, 2016 and ends on November 2016 until the end of 2016, including the materials cost of KRW 14,753,101 for the period that ends on September 8, 2016, and the materials cost of KRW 1,237,41,601 for the construction work, but was not paid at all by the Nonparty Company.

The non-party company, the contractor, has delayed the payment of the subcontract price to the plaintiff who is the subcontractor at least twice, and is currently unable to pay the subcontract price in default, and the defendant paid the contract price to the non-party company by September 2, 2016.