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1. The plaintiff's claim is dismissed.
2. Litigation costs shall be borne by the plaintiff.
Reasons
1. Basic facts
A. The Defendant entered into the following subcontracting contract with Viennaton Co., Ltd. (hereinafter “Non-Party Company”):
(1) On May 7, 2012, a subcontract agreement was concluded on December 30, 2015 (hereinafter “new Incheon Metropolitan Government Construction Contract”) setting the contract amount of KRW 33,165,00,000 (including value-added tax) and the contract period of the contract from May 7, 2012 to December 31, 2015 with respect to the Transboundary Interscopian, FCM, and CABL E Corporation, which was awarded a contract by the Korea Regional Land Management Office of Land, Infrastructure and Transport, and concluded a subcontract for construction works to be modified on August 3, 2018 by December 30, 2015.
(2) On April 16, 2014, the period of a subcontract was determined from April 16, 2014 to August 31, 2018 as the contract amount of 38,50,000,000 won (including value-added tax) with respect to the Young River (hereinafter “Yong River Construction Contract”) and the connection upper region construction among the Young River Construction Works contracted by the Korea Regional Land Management Office, and then the contract amount was changed to 38,525,30,000 won on October 30, 2014; and the construction work was changed to 2,874,315,40 won on February 16, 2015 to 175,921,90 won on June 17, 2015; and each advance payment was made to 36,06,076,076,207;
B. Around July 2016, Nonparty Company discontinued each of the instant construction works, and the Defendant notified Nonparty Company of the termination of the instant construction contract on September 19, 2016 and September 20, 2016 regarding the construction contract for the YYYY.
C. On September 5, 2016, the Plaintiff is about KRW 169,330,00, out of the subcontract price to be paid by the non-party company to the non-party company according to each subcontract agreement among the new YY and the Young River Construction that was concluded between the non-party company and the defendant under each subcontract agreement between the non-party company and the defendant.