1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. On February 27, 2014, the Defendant as the party to the dispute is a consortium (UulD Construction and Gyeongnam Enterprise Stock Company (hereinafter “UulD”) (hereinafter “UulD Construction”)

B) The construction contract (hereinafter “instant construction contract”) was concluded with the promotion company, the incorporated company, the incorporated joint supply and demand company, the representative of the Ulsan Construction Co., Ltd.) regarding “the project site for the relocation facilities of the usfk, the head of the usfk relocation facilities project, the presidential housing, and the commander’s lodging facilities construction (hereinafter “instant construction”).

B. (1) On May 26, 2014, the Plaintiff entered into the instant subcontract agreement and direct payment agreement between the Plaintiff and Ulsan Construction (the trade name before the modification was a hybrid Engineering Co., Ltd.) with respect to the incidental civil engineering works among the instant construction works (hereinafter “instant incidental civil engineering works”) during the construction period from May 25, 2014 to December 31, 2015, with respect to the construction period of the instant incidental civil engineering works (hereinafter “instant incidental construction works”), and entered into a contract for construction works (hereinafter “instant subcontract”).

(2) Meanwhile, on July 31, 2014, the Plaintiff, Ulsan Construction, and the Defendant, the ordering person, agreed to pay directly to the subcontractor the subcontract price corresponding to the portion executed by the Plaintiff in the instant subcontract (hereinafter “the Subcontract Act”) pursuant to Article 14 of the Fair Transactions in Subcontracting Act and Article 35 of the Framework Act on the Construction Industry (hereinafter “instant direct payment agreement”).

(3) The Plaintiff received KRW 105,835,800 as the work price among the incidental civil works of this case from Ulsan Construction.

C. (1) On October 7, 2014, Ulsan Construction applied for commencement of rehabilitation procedures as Seoul Central District Court Decision 2014hap175, and the instant construction was suspended on November 24, 2014. The instant prime contract was concluded against the Defendant on November 24, 2014.