1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On March 9, 2016, the Defendant concluded a contract with Co., Ltd. E to build multi-household houses on the Seoul Jung-gu D ground, Seoul, and agreed that the said company renounces the said construction upon completion of the pelvis construction on March 16, 2017.

B. On May 2, 2017, the Defendant entered into a contract with F Co., Ltd. (hereinafter “F”) on the contract amounting to KRW 458,375,00 with respect to the instant newly built construction of multi-household housing (hereinafter “instant newly built construction”), from May 4, 2017 to August 25, 2017, and the F carried out the said newly built construction. Since the said construction was not completed by the said construction period, the Defendant agreed to complete the liability of the instant newly built construction between the Defendant and the Defendant by October 25, 2017, but failed to comply with this agreement.

C. On October 3, 2017, the Plaintiff entered into a subcontract with the contract amount of KRW 49,220,960 and the construction period from October 3, 2017 to April 30, 2018 with respect to the windows and metal works among the instant new construction works (hereinafter “instant subcontracted works”), and completed the instant subcontracted works on May 2018.

As the price for the instant subcontracted project, the Plaintiff received KRW 5 million from the Defendant on October 17, 2017, KRW 20 million on April 4, 2018, and KRW 10 million on October 18, 2017 from F, respectively.

E. On May 16, 2018, F drafted an agreement on direct payment of subcontract consideration (Evidence A 3, hereinafter “instant direct payment agreement”) with the Plaintiff stating that “I will agree to pay directly to the subcontractor the instant subcontract consideration pursuant to Article 35 of the Framework Act on the Construction Industry, Article 29 of the Enforcement Rule of the same Act, Article 14 of the Fair Transactions in Subcontracting Act, and Article 4 of the Enforcement Decree of the same Act,” but the said agreement is only signed and sealed by the Plaintiff and F, and there is no signature or seal from the Defendant.

F. Meanwhile, the instant multi-household house was approved on August 24, 2018.