1. The plaintiff's claim is dismissed.

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

1. The parties' assertion

A. Plaintiff C awarded a contract to the Defendant for a new construction work of E Agency located in Jin-si, Jin-si, Jin-si (hereinafter “new construction work of this case”) at KRW 367,00,000, and the Defendant made a subcontract to the Plaintiff for the new construction work of this case at KRW 334,00,000,000, verbally, around February 6, 2016.

The Plaintiff completed the instant new construction project from January 2016 to June 2016, but the Defendant did not pay 51,419,500 won to the Plaintiff for the remainder of the subcontracted construction.

(B) The Defendant leased the temporary materials equivalent to KRW 9,886,00 in relation to the studio construction from G that operated F, and the Plaintiff jointly and severally guaranteed the Defendant’s obligation to pay for the provisional materials to the Plaintiff.

Since the plaintiff bears 2,700,000 won for temporary materials, the defendant shall pay 2,700,000 won for indemnity to the plaintiff.

③ 원고는 피고가 차후 지급하기로 약정하여 피고를 대위하여 지급한, ㉠ 진주시 H 철골 및 마감공사 등 견적비 1,500,000원, ㉡ I 철골공사 견적비 1,500,000원, ㉢ 산청군 관련 토목공사 견적비 1,500,000원, ㉣ 장비대금 1,045,000원, ㉤ 차용금 10,000원, ㉥ 커피값 41,000원, ㉦ J에 대한 안전검사비 1,200,000원 등 합계 7,796,000원을 지급하여야 한다.

B. The Plaintiff is a person employed to manage the new construction site of this case, and the Defendant paid materials, labor, material, and expenses to the construction-related business operators through the Plaintiff.

The Defendant did not subcontract the new construction work to the Plaintiff.

2. Determination

A. We examine whether the Plaintiff was awarded a subcontract for the new construction of this case with respect to the remainder of the subcontracted construction related to the new construction of this case.

Gap evidence 13-1 to 3, Gap evidence 14-1 to 3, Eul evidence 1-1 to 6, and Eul evidence 2 are the purport of the whole pleadings.