1. The plaintiff's claim against the defendant A corporation is dismissed.

2. Defendant B Co., Ltd. shall be the Plaintiff 40,700.

1. Facts of recognition;

A. Defendant B Co., Ltd (hereinafter referred to as “Defendant B”) decided to construct “D” buildings on the ground of Yangsan City Co., Ltd. (hereinafter referred to as “instant building”) and contracted the construction of the instant building to Defendant A Co., Ltd. (hereinafter referred to as “Defendant A”) around August 23, 2014.

B. On January 8, 2015, Defendant A subcontracted the installation work of the instant building to the Plaintiff at KRW 260,180,000 (including value-added tax; hereinafter the same shall apply) among the new construction works of the instant building, and thereafter, the Plaintiff completed the said installation work.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1, entry of Eul evidence 2, purport of whole pleadings

2. Plaintiff’s claim against Defendant A

A. On April 2015, the Plaintiff asserted that the instant additional construction was completed upon Defendant A’s request from Defendant A to additionally perform the outdoor pipeline construction among the new construction works of the instant building (hereinafter “instant additional construction”).

At the construction site at the time, the head of the site of the defendant A was stationed, all of the work instructions was received from the head of the site of the defendant A, and the supervision was also conducted by the defendant A.

Therefore, Defendant A is obligated to pay the Plaintiff KRW 40,770,000 for the additional construction cost of this case.

B. In full view of the entries in Gap evidence Nos. 3, Eul evidence Nos. 1, 2, and Eul evidence Nos. 3 and the purport of Eul evidence Nos. 3, the following facts may be acknowledged:

① Around September 2015, the Plaintiff drafted a final settlement agreement (Evidence A 3) with Defendant A.

In the above final settlement agreement, the plaintiff agrees to receive the payment of expenses incurred due to additional works, other than the contract amount stipulated in the subcontract agreement on machinery and equipment works entered into with the original defendant A, as ordered by the defendant B, the owner of the building.

[Article 1-5] The above contract amount between the plaintiff and the defendant A does not change.