1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On August 24, 2016, the Defendant entered into a subcontract with C Co., Ltd. (hereinafter referred to as Nonparty Co., Ltd.) on the contract amount of KRW 2,440,00,000 (Additional Tax) regarding D Works.

B. On May 29, 2017, the non-party company: (a) given the Defendant the waiver of the construction works during the subcontracted construction works, the non-party company processed the works; and (b) sent a letter to the Defendant requesting the remainder of the construction works to be directly processed by the Defendant.

C. After July 27, 2017, the Defendant sent an official document to the non-party company to the following purport, and the non-party company consented thereto on the 28th of the same month.

(hereinafter referred to as “the instant direct payment agreement”) with respect to the productions that have not been supplied until now, and with respect to E company’s direct payment requested by E company (No. 3 cases 289,098,728, No. 2000) are supplied as soon as possible in us to supply the non-productions identified in the schedule of direct payment and on-site installation. 5) The timing of payment for the amount of the above direct payment request is as follows.

40%: After confirming the head of the site after completion of on-site delivery of 30% of the mentm of credit processing in the air for delivery (7.31.9): 30% after manufacturing, supplying, and supplying non-products omitted from on-site installation (8.15.9.15.99)

D. Around May 2017, Nonparty Company paid KRW 220,374,301 to the Plaintiff. On August 16, 2017, the Defendant paid KRW 88,149,721 to the Plaintiff according to the first 40% payment agreement among the instant direct payment agreements.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 4, 6, Eul evidence 1 (including additional number), the purport of the whole pleadings

2. Determination

A. The Plaintiff’s assertion 1) Plaintiff’s total amount of KRW 706,381,414 (including value-added tax) to Nonparty Company from November 201 to January 30, 2017 and remaining KRW 220,374,301 as of May 2017. However, according to the instant direct payment agreement, only KRW 88,149,721 as of KRW 1st 40 is directly owned by the Defendant.