1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On July 10, 2014, the Defendant concluded a contract for the construction of Taesan apartment (hereinafter referred to as “Nonindicted Company”) with respect to the construction of the said construction (hereinafter referred to as “the instant construction”) conducted on four parcels, 216 and 216 nautical miles in Nam-nam-Eup, Namnam-do, with the contract amounting to KRW 5,431,113,00, and the construction period, from July 14, 2014 to October 31, 2015.

(In April 30, 2015, the above contract extended the construction period by April 30, 2016, and changed the contract amount to KRW 8,000,000,000, and again, the construction period was extended by June 30, 2016.

On March 21, 2016, the plaintiff and the non-party company are the subcontractor of this case.

As to the contract amount of KRW 174,00,000, and the period of construction from March 21, 2016 to April 30, 2016, the subcontract was concluded (the foregoing contract was modified on April 28, 2016 by extending the construction period to June 15, 2016, and again, the contract amount of KRW 194,000,000 was modified by the content that the contract amount of KRW 194,00,000 on June 10, 2016.

(C) Upon filing a claim for the construction cost with the non-party company, the Plaintiff received each payment of KRW 50,00,000 from the non-party company on May 27, 2016, and KRW 20,000,000 on June 9, 2016, and the subcontracted project of this case was completed on or around June 14, 2016. Meanwhile, the Plaintiff, the Defendant, and the non-party company should directly pay the subcontract price corresponding to the portion the Plaintiff performed on or around March 21, 2016, to the subcontractor under Article 35 of the Framework Act on the Construction Industry (2) of the Framework Act on the Construction Industry (in any of the following cases, the ordering person shall directly pay the subcontract price corresponding to the portion that the subcontractor performed:

1. Where the ordering person and contractor agree to pay the subcontract price directly to the subcontractor or the ordering person, contractor and subcontractor clearly indicate their intent and methods of payment, the defendant shall do so;