1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. C University ordered D Co., Ltd. (hereinafter “D”) to perform construction work at the general lecture site of C University.

B. On May 20, 2016, D entered into a contract with the Plaintiff on each of the construction costs of KRW 524,700,000 (including value-added tax) for the instant construction works (hereinafter “instant construction works”) and from May 20, 2016 to July 31, 2016, with respect to each of the construction works to be installed during the construction period. Of this, D agreed to set the unit cost for the construction works to be installed with the dry mix stone at KRW 34,00 per square meter, and the unit cost for the construction works to be installed with the damp mix stone at KRW 22,50 per square meter, and the items of expenses to be paid separately.

(hereinafter referred to as the “original contract”). C.

On June 17, 2016, the Plaintiff entered into a subcontract with the Defendant by setting the unit cost of construction per square meter with respect to the above tin works as KRW 30,000,000 (including a creshing construction between the bridges) and KRW 20,000 (hereinafter referred to as the “instant subcontract”). The Defendant, from around that time to that time, performed the instant construction work and carried out the instant construction work.

The Plaintiff paid the Defendant KRW 56,633,821 directly to the employees of the Defendant using “H” at D’s request from around August 26, 2016, as the monthly wage for July 18, 2016 and July 27, 2016. As the monthly wage for August 19, 2016, the Plaintiff directly paid KRW 4 million to E, a father affiliated with the Defendant, KRW 1 million, and KRW 1 million to F, and directly paid KRW 56,63,821 to the employees of the Defendant using “H”.

E. On July 25, 2016, D entered into a contract between the Plaintiff and the Plaintiff to change the construction period of the original contract from May 20, 2016 to October 1, 2016. On September 27, 2016, D entered into a contract between the Plaintiff and the Plaintiff to change the construction period of the original contract from May 20, 2016 to November 1, 2016.

F. The Defendant did not carry out the instant construction from September 6, 2016, while carrying out the instant construction until September 5, 2016.

G. The Plaintiff on October 25, 2016.