1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On February 25, 2016, the Defendant entered into a contract for construction cost of KRW 12.92 billion with respect to the construction work of new building in Sejong Special Metropolitan City with E Co., Ltd. (hereinafter “Nonindicted Company”).

B. On September 20, 2016, the Plaintiff agreed to directly pay the Plaintiff the HP cooling and electric heat exchange equipment installation work cost of KRW 319 million (including value added tax) among the construction works of the said F building among the construction works of the said F building by the Nonparty Company. On the same day, the Plaintiff agreed to directly pay the subcontract price between the Nonparty Company and the Defendant pursuant to Article 35 of the Framework Act on the Construction Industry, Article 29 of the Enforcement Rule of the said Act, Article 14 of the Fair Transactions in Subcontracting Act, and Article 4 of the Enforcement Decree of the said Act.

C. According to the direct payment agreement between the Plaintiff and the Defendant, when the Defendant directly pays to the Plaintiff upon the non-party company’s request for work performance after the examination of work performance, the Plaintiff shall prepare and submit a plan to use the subcontract price (such as material cost, labor cost, equipment cost, site cost, and insurance cost) at the request of the non-party company for construction cost, and shall submit the details of the use of the subcontract price and documentary evidence to the non-party company

On November 29, 2016, the Plaintiff changed the termination period from November 30, 2016 to January 20, 2017 among the terms and conditions of the instant direct payment agreement between the Defendant and the third party of the non-party company.

(hereinafter referred to as “instant direct payment agreement”). E.

In accordance with the instant direct payment agreement, the Defendant paid KRW 33 million to the Plaintiff on November 30, 2016, and paid the construction price of KRW 286 million to the Plaintiff on December 29, 2016, KRW 200 million on or around January 26, 2017, KRW 33 million on or around January 26, 2017, and KRW 20 million on or around March 31, 2017.

F. On March 31, 2016, the Defendant paid KRW 600 million to the non-party company upon the contract agreement with the non-party company and paid the Plaintiff a total of KRW 13,113,369,324, including the construction cost directly paid to the Plaintiff on June 2017.