1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Plaintiff is a corporation that runs the housing construction and supply business.

B. On July 1, 2015, the Defendant concluded a contract on July 1, 2015, with the construction cost of KRW 530 million (excluding value-added tax) for the construction of neighborhood housing facilities (hereinafter referred to as “instant new housing construction project”) located in Yongsan-gu, Changwon-si C alone, Changwon-si, as of June 22, 2015, and October 31, 2015.

[Ground of recognition] Facts without dispute, Gap evidence No. 1, Eul evidence No. 1, the purport of the whole pleadings

2. Assertion and determination

A. The Plaintiff asserted that the Plaintiff is obligated to pay the remainder of the construction price of this case to the Plaintiff, as well as damages for delay, since the Plaintiff completed construction work by subcontracting the construction work with the amount of KRW 35.2 million from the Defendant among the new construction works of this case (hereinafter “instant construction works”), but only KRW 3.2 million was paid out of the construction price and the remainder of KRW 32 million was not paid.

The Defendant asserted that D’s employee transferred KRW 16 million out of the construction cost of this case to D’s account and value-added tax KRW 3.2 million to D’s account with D’s direct and non-performance agreement, and that Plaintiff paid KRW 16 million to D’s account, the remainder of KRW 16.6 million to D.

B. In light of the following circumstances acknowledged as a whole in light of the statement Nos. 1 and 2 of evidence, witness D and B’s testimony, and the purport of the entire pleadings, it is reasonable to deem that B subcontracted the instant construction work to D who is an employee of the Plaintiff at the site director, and the Defendant paid the instant construction work to D who is an employee of the Plaintiff at the request of B and D, and the value-added tax to the Plaintiff.