1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On May 30, 2016, the Geum River Construction Co., Ltd. received a contract for the construction of the building B (construction, construction, and installation) on the ground of the Geum River Construction Co., Ltd., and on May 30, 2016, the Defendant concluded a contract with the Geum River Construction Co., Ltd. to provide that the said construction works during the construction (hereinafter “the instant construction works”) shall be construed as “the construction period between May 30, 2016 and November 2, 2016;” “the construction cost of KRW 770,000,000,000.”

B. Around September 2016, the Defendant requested the Plaintiff to implement the said construction work on the ground that C, a field supervisor, who was in charge of the construction site of the Geum River basin Construction Co., Ltd., in order to not perform the construction work on the floor of the underground parking lot in the instant damp-style construction work.

C. Accordingly, among November 2016 to December 2016, the Plaintiff completed the construction of underground parking lot floor explosions among the instant damping construction works.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 3-1, 2, Gap evidence 1, 2-2-1, 2-2, witness C's partial testimony, and the purport of the whole pleadings

2. The assertion and judgment

A. (1) The Plaintiff’s assertion (1) had been sub-subcontracted by the Defendant to re-subcontract the floor of the underground parking lot among the damp-type construction in this case, and thus, the Defendant is liable to pay the construction cost to the Plaintiff. Even if the Plaintiff was not re-subcontracted from the Defendant, the Defendant received the construction cost for the Plaintiff’s construction from the Geum River Construction Co., Ltd. on behalf of the Plaintiff, so the relevant construction cost should be paid to the Plaintiff.

The construction cost to be paid by the Defendant to the Plaintiff is KRW 38,404,00 in total, KRW 35,280,000 and KRW 3,124,000, as stated in the statement at the time of receipt of the subcontract from the Geum River Construction Co., Ltd.

(2) The Defendant did not re-subcontract to the Plaintiff the instant damping construction work on the floor of the underground parking lot among the instant damping construction work.