1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. The Defendant awarded a contract for the construction of a high-tech urban residential house to the Taeok Comprehensive Construction Co., Ltd. (hereinafter the name of the Co., Ltd. is omitted).

B. On November 26, 2015, the Plaintiff was subcontracted to KRW 33,700,000 to the outside ton of the construction during the said construction.

C. On November 26, 2015, the Defendant drafted and implemented a direct payment agreement for the construction price to the Plaintiff.

The Plaintiff completed the instant external tonnage construction.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 and 2, purport of the whole pleadings

2. The party's assertion and judgment

A. According to the above facts, the defendant shall pay to the plaintiff the construction price of this case KRW 33,700,000 and damages for delay, in accordance with the agreement on the direct payment of the construction price, unless there are special circumstances.

B. As to the defendant's defense, the defendant asserted that the construction price of this case was fully paid. In full view of the purport of the whole argument in the statement No. 3, the plaintiff's defense is justified since the plaintiff's construction price of this case was fully paid on May 9, 2016.

3. It is so decided as per Disposition by the assent of all participating Justices on the ground that the plaintiff's claim of this case is without merit.