1. The plaintiff's claim is dismissed.

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

1. The assertion and judgment

A. The Plaintiff asserted that the Plaintiff was the owner and completed construction works on February 2, 2017, when he was awarded a contract for a part of the construction works for the construction of the building of the third floor C in Busan, Jin-gu, Busan (hereinafter “instant construction works”). The Plaintiff sought payment of the unpaid construction cost of KRW 35,050,000, which was paid only KRW 25,000 among the construction cost of KRW 60,050,000, and the remainder of KRW 35,050,000, which was not paid.

On the other hand, the defendant asserts that the construction contract of this case was entered into with D and that it cannot be complied with the plaintiff's request since it was not directly entered into the construction contract with D.

B. 1) The evidence submitted by the Plaintiff as to the conclusion of the construction contract is insufficient to recognize that the Plaintiff and the Defendant directly concluded the construction contract, and there is no other evidence to acknowledge this otherwise. Accordingly, the Plaintiff’s claim for the construction payment premised on this premise is difficult to accept. Accordingly, the Plaintiff asserted that the Defendant is the owner of the instant construction project, and thus, the Defendant is obligated to pay the construction payment. However, the Plaintiff’s assertion on this part is difficult to accept solely on the ground that it is the owner of the instant construction project, and it is difficult to view that the Defendant is obligated to pay the construction payment to the Plaintiff. 2) The Plaintiff asserts that the Defendant, the subcontractor, should pay the construction payment directly to the Plaintiff

According to Article 14 of the Subcontract Act, the subcontractor shall pay the subcontractor the subcontract price corresponding to the part of the manufacture, repair, construction, or service performance when the ordering person has a certain reason (paragraph (1)). However, the contractor to whom this Act applies, Article 2 of the Subcontract Act applies.