1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On August 26, 2014, the Defendant was awarded a contract for B (hereinafter “instant construction”) with the construction cost of KRW 832,492,728 (excluding value-added tax; hereinafter the same shall apply), and around early October 2014, the Defendant was registered as the representative director of C (hereinafter “D”) on the corporate register of D Co., Ltd. (hereinafter “C”), an affiliate of C (hereinafter “C”) as E, internal director as F, F, auditor as H, outside director as H, E, and auditor as the representative director, and the location of the principal office is “I” in both cases.

On the other hand, the corporate register of the plaintiff is registered as representative director G and in-house director E, respectively, and the location of the principal office is the same as the above two companies.

The entire construction work of this case was subcontracted to KRW 730,000,000, and in order to avoid the limitation of lump sum subcontracting at the time, the subcontract was prepared individually with D or other affiliates for each process.

(At that time, D only signed a construction agreement, which was made retrospectively on September 2, 2014, with the date of preparation. (b)

Meanwhile, based on the final estimate of D on October 7, 2014, the Defendant and D amounting to KRW 715,00,000,000 from KRW 832,492,728, less KRW 33,122,380, including insurance premiums, from KRW 79,370,348, which is the remainder of KRW 89.45%.

was finally determined to reduce the amount.

(C) The phrase “730,000,000 won of the construction agreement concluded between both parties is not the actual construction cost.”

After that, as the Defendant’s first process of the instant construction, requested the implementation of the civil engineering and reinforced concrete construction (hereinafter “telecommunications construction”), D started the construction of steel containers around October 10, 2014. Since then, the conflict between the Defendant, D and C regarding the preparation of a formal subcontract agreement, advance payment, resolution of provisional seizure against claims, etc. was raised, the construction of steel containers was suspended on December 25, 2014.

On January 2015, the Plaintiff, which is an affiliate of C, is an affiliated company of C.