1. The plaintiff's claim is dismissed.

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

Basic Facts

On January 11, 2011, the Plaintiff contracted the construction of Non-party 1,80,000 won of the contract price and the construction of facilities for elderly and elderly and children in Cheongnam-do, Chungcheongnam-do. On January 15, 201, the Plaintiff subcontracted the construction of reinforced concrete among the above construction works (hereinafter “instant aggregate construction”) to the Plaintiff for a period of KRW 31,390,000,000 of the contract price and from April 1, 2011 to October 31, 2011.

At the time the Plaintiff completed the structural construction of this case by 95%, the Plaintiff received only KRW 80 million out of the price for the structural construction of this case and demanded the payment of the remainder of KRW 233,390,000 (hereinafter “the construction cost of this case”), but the comprehensive construction for the structural development of this case discontinued the progress of the structural construction of this case, unless the comprehensive construction for the structural development was paid.

On September 7, 2011, the Plaintiff received KRW 20 million from the Defendant, and continued to perform the remainder of the structural construction. On September 30, 2011, the Plaintiff received KRW 13 million from the Defendant on September 30, 201, after completing the instant structural construction.

[Ground of recognition] The plaintiff did not dispute, Gap evidence 7, Eul evidence 1-1, Eul evidence 1-2, and the plaintiff's claim for the purport of the whole pleadings. The plaintiff agreed to pay the construction cost of this case to the plaintiff upon the plaintiff's completion of the structural frame construction of this case as the plaintiff was suspended due to the plaintiff's failure to receive the construction cost of this case from the Construction of Chang Ho Construction, and the non-party C, his agent, the plaintiff's agent, agreed to pay the construction cost of this case to the plaintiff. On November 10, 2011, the plaintiff demanded the defendant to pay from the construction cost of this case the remaining construction cost of 2.3 billion won after deducting the amount of 33 billion won as stated in the above 1-C from the construction cost of this case by December 31, 2011, the defendant is not in cash, and a tax invoice is issued through the non-party Mapo Construction Co., Ltd. (hereinafter referred to as the "U