1. The plaintiff's claim is dismissed.

2. The costs of the lawsuit, including the part resulting from the supplementary participation, are all assessed against the Plaintiff.

Facts of recognition

The defendant is the owner of a new E-construction project located in Spocheon City D (hereinafter referred to as “instant construction project”), and the petition flus (hereinafter referred to as “petition flus”) is the executor of the instant construction project.

Ssung Construction Co., Ltd. (hereinafter referred to as "Ssung Construction") entered into a contract with the defendant and the petitioner and entered into a contract for construction work, and the plaintiff (the title prior to the change: the development of new industry) is a subcontractor and the transferee of the claim for the construction of this case and the construction of Sung Water Construction from Sung Water Construction.

The Defendant entered into the instant construction contract with respect to the instant construction project by setting the construction cost of KRW 767,080,00 (determined to determine the construction cost in accordance with the contract under a separate contract from value-added tax and the petition fluor) as the construction period from April 18, 201 to October 15, 2011.

In accordance with the above construction contract between the defendant and Sung Water Construction, the construction cost of the construction contract during the contract period is determined from May 2, 201 to November 30, 201 under the above construction contract between the defendant and Sung Water Construction. However, it seems that the construction cost of the construction contract during the contract period is specified in the standard contract form (Evidence A 2-1).

AB concluded the agreement.

On May 23, 2011, Sung Water Construction entered into a subcontract agreement with the Plaintiff for the subcontracting period, setting the construction cost of KRW 3,698,460,00 (excluding value-added tax) and the construction period of KRW 12,16,17,17,18,18, and 21 during the instant construction period from June 1, 201 to September 30, 201.

On October 4, 2011, the delivery of a contract for the sale of the contract for the plaintiff and the construction of sexual water shall be paid to the plaintiff on October 4, 201 as the settlement of construction costs among the object of the instant construction work, and the contract for the sale in cash after completion shall be returned to the plaintiff, and when the construction cost is not paid, the contract for sale in lots shall be returned to the plaintiff.