1. The plaintiff's claim is dismissed.

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

1. The parties' assertion

A. On April 21, 2014, the Plaintiff entered into a contract with the Defendant for the construction work of Asan City D and E-ground 2 floor office and housing remodeling work (hereinafter “instant construction work”) with the introduction of C around April 21, 2014, and completed the said construction work on June 25, 2014.

However, the Defendant did not pay the total of KRW 40,934,00 among the construction cost (i.e., costs of the construction cost of KRW 9,650,000 for the installation cost of KRW 7,500,000 for the construction cost of gas of KRW 3,784,000 for the construction cost of KRW 6,784,00 for the Plaintiff’s labor cost of KRW 14,000 for the construction cost of KRW 6,784,00 for the construction cost of KRW 14,00

B. The Defendant, on April 1, 2014, ordered the instant construction to Defendant C, and did not have concluded a direct contract with the Plaintiff, and paid the Plaintiff KRW 126 million in total exceeding KRW 100,000,000 in excess of the construction cost already paid to Defendant C. Therefore, there is no obligation to pay the construction price to the Plaintiff.

2. Determination

A. First, we examine whether the Plaintiff was awarded a contract for the instant construction work from the Defendant as the premise of the instant claim, as alleged by the Plaintiff.

In full view of the following circumstances, the Defendant ordered the instant construction to C on April 1, 2014, and only C again subcontracted the said construction to the Plaintiff, inasmuch as there is insufficient evidence to acknowledge that the Plaintiff was directly awarded a contract with the Defendant for the instant construction work, and there is no other evidence to acknowledge it. Rather, in full view of the following circumstances, the written evidence Nos. 8, 1 through 5, 7, 8, and 10 of the evidence Nos. 1 through 5, 7, 8, and 10 (including the serial number) were included in the written evidence Nos. 8, 1, 2014.

① On April 1, 2014, the Defendant concluded a contract for construction works with respect to the instant construction works by setting the construction contract amounting to KRW 100 million and the construction period from April 7, 2014 to May 20, 2014.

② The Defendant shall pay C the construction price under the said contract the amount of KRW 1 million on April 1, 2014, to C in cash, and the amount of KRW 9 million on the account in the name of C.