1. The plaintiff's claim is dismissed.

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

On September 17, 2014, the Plaintiff sought payment from the Defendant for the said payment on the following grounds: (a) the construction work for the construction of multi-family house B in Incheon, Incheon, for the apartment house (hereinafter referred to as “instant house”); (b) the construction work for the said new construction work is KRW 465,025,00 (including value-added tax; hereinafter the same shall apply); and (c) the construction period was determined by December 15, 201; and (d) the Defendant did not pay KRW 65,475,80.

As to this, the Defendant concluded a contract with C on the instant construction work, and the Plaintiff re-subcontracted the said construction work, and the Plaintiff did not have any agreement between the Plaintiff and the Plaintiff to pay the direct construction cost. Thus, the Plaintiff cannot respond to the Plaintiff’s claim

Accordingly, examining whether the contract was entered into between the Plaintiff and the Defendant on the instant construction project, the evidence No. 1 (the contract) denies the establishment of the petition by the Defendant, and it cannot be acknowledged that the establishment of the entire pleadings were based on the other evidence submitted by the Plaintiff and the purport of the entire pleadings. Therefore, it cannot be acknowledged that the instant contract was entered into between the parties.

In addition, the evidence submitted by the plaintiff, including the evidence No. 2, is insufficient to prove that the defendant entered into a direct contract with the defendant, and there is no other evidence supporting the plaintiff's assertion.

Rather, in light of the purport of the entire pleadings, the evidence Nos. 7, 8, and 1 through 3, and 6 (including additional number), the Defendant entered into a contract with C as of August 12, 2014, providing for KRW 427,400,000 as to the instant construction work, and the construction period as of December 15, 2014, and thereafter paid the construction cost to C according to the progress of the construction work. ② The Plaintiff again paid the construction cost to C, and the Plaintiff is recognized to have issued a tax invoice for the construction cost to C.