1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. A. Around October 2013, Non-party General Construction Co., Ltd. and Samyang Construction Industry Co., Ltd. (hereinafter collectively referred to as “the above companies”) were awarded a contract with the Defendant for the construction of the building B Center located in Gyeyang City (hereinafter referred to as “the instant building”) from the Defendant as a joint contractors (representative Co., Ltd.) (hereinafter referred to as “the instant construction”) at the cost of KRW 8,064,406,00,000.

B. On March 27, 2014, the Plaintiff accepted a subcontract price directly from the non-party company with the amount of KRW 464,200,00,00 from the contract amount of the instant construction work, by determining that the instant construction work is 464,20,000. On the same day, the Plaintiff and the Defendant and the non-party company, the ordering person, agreed to pay the subcontract price directly to the Plaintiff, the subcontractor, pursuant to Article 14 of the Fair Transactions

C. On February 5, 2015, the non-party company submitted a completion inspection report to the Defendant after completing the instant construction project. On March 12, 2015, the non-party company sent a statement of settlement setting the total contract amount of the instant construction project amount of KRW 8,020,100,000. On March 27, 2015, the Defendant sent a written opinion to the effect that the non-party company approves the change of the contract amount.

The Defendant paid a total of KRW 7,894,242,50 in relation to the instant construction project (i.e., a direct amount of KRW 4,96,638,00, including the Plaintiff, for non-party companies of KRW 2,897,604,50).

E. According to the instant direct payment agreement, the Plaintiff received a total of KRW 354,343,300 from the Defendant from August 2014 to March 2015. On March 20, 2015, the Plaintiff concluded a settlement agreement with Nonparty Company with the content that the instant subcontract amount was reduced to less than the initial contract amount (464,200,000), which was 390,500,000 won.

F. Meanwhile, around December 2015, the Defendant collected part of the instant building due to a defect in the construction of the non-party company against the non-party company, and caused the ground to the surrounding outdoor parking lot, etc.