1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. On February 5, 2014, the Defendant received a supply of and demand for electric field electric field installation works from EEEX Heavy Industries Co., Ltd. in collaboration with Eastern Industries Co., Ltd.

On May 23, 2014, the Defendant concluded a contract agreement on the construction cost of KRW 520 million (excluding value-added tax) with respect to the Plaintiff, who represented by the Plaintiff, on behalf of the Plaintiff, and the cable installation works, etc. among the above construction works (hereinafter “instant construction works”).

B. Around November 2014, the Defendant increased the construction cost of the instant case by KRW 60 million with the Plaintiff and the Defendant paid the amount invested in the instant construction project as a progress payment until December 30, 2014, and thereafter, paid the construction cost according to the base price.

However, the Plaintiff subsequently demanded the increase in the construction cost, and the Defendant, after the end of March 2015, gave up the instant construction work to the Plaintiff.

C. On September 2, 2016, the Plaintiff received KRW 133,863,700 from E out of the instant claim for construction price.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 3, Gap evidence 9, Gap evidence 12, Eul evidence 1, Eul evidence 2, the purport of whole pleadings

2. Summary of the parties' arguments

A. The gist of the Plaintiff’s assertion 1) Although the instant construction contract was concluded verbally with the Defendant, the Plaintiff completed the business registration under the name of E, Gain, requesting the Defendant to register business for the issuance of the value-added tax invoice, and entered into a contract for the instant construction project with the Defendant under the name of E. (2) until March 2015, the Plaintiff completed approximately 95% of the instant construction works, and approximately 85% of the cable pipeline construction works.

The Plaintiff invested KRW 537,347,200 in relation to the instant construction project, and the Defendant paid only KRW 403,483,50 (excluding value-added tax) to the Plaintiff.

Therefore, the defendant is obliged to pay the unpaid construction cost of KRW 133,863,70.

B. Summary of the Defendant’s assertion 1, the parties to the instant construction contract.