1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On May 16, 2017, the Plaintiff entered into a contract with C Co., Ltd. (hereinafter “Nonindicted Company”) on May 26, 2017 with respect to the production, installation, and trial operation (hereinafter “instant construction”) of the fertilizer facilities for the share of construction cost as KRW 220 million (excluding value-added tax) and the payment period as of August 31, 2017.

B. On May 22, 2017, the Plaintiff issued each tax invoice of KRW 95,68 million on July 20, 2017, and filed a claim for construction cost of KRW 242 million on November 13, 2017 (including value-added tax) with the Nonparty Company. Accordingly, the Nonparty Company paid to the Plaintiff KRW 29 million on May 23, 2017, including KRW 260,000,000 on August 28, 2017, KRW 88,00,000,000 on August 14, 2017, KRW 290,000,000,000 to the Plaintiff.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1, 2, and 4 (including virtual number), the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. Of the instant construction cost, Nonparty Company did not pay KRW 33 million, and the Defendant is a single shareholder of the said Company and actually operates the said Company as an in-house director. As such, the Defendant is obligated to pay the said unpaid construction cost to the Plaintiff.

B. There is no evidence to acknowledge the Plaintiff’s above assertion.

Rather, if evidence Nos. 1, 4, and 5 are added to the purport of the entire pleadings, the defendant was appointed as a director of the non-party company on October 20, 2017, but resigned on April 23, 2018, and as of April 14, 2017, the shareholder of the non-party company is only one U.S. shareholder E.

3. If so, the plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.