1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The status and general status of the Plaintiff, etc., as a small and medium entrepreneur engaged in real estate development and sales agency business, the total amount of assets in the immediately preceding business year of the subcontract agreement exceeds the total amount of assets of C Co., Ltd. (hereinafter “C”), and as such, the Plaintiff entrusted the sales agency services for apartments following such business to C, it constitutes a principal contractor under Article 2(2)2 of the Fair Transactions in Subcontracting Act (hereinafter “subcontract”). Inasmuch as there was no sales in 2015, a business year immediately preceding the conclusion of the subcontract, the Plaintiff’s total amount of assets is compared to the total amount of assets pursuant

C is a small and medium entrepreneur who is engaged in the real estate sales agency business and is entrusted with the service of selling apartment units by the plaintiff, so it constitutes a subcontractor under Article 2 (3) of the Subcontract Act.

The general status of the plaintiff and C shall be as listed in the following table 1:

Table 1: General status (based on 2015, unit: 00 million won, name) of Plaintiff C on July 20, 2006, the date of establishment of Plaintiff C on July 15, 2006. Total amount of 3,230 68 sales 0 238 .

B. On June 10, 2016, the first subcontract agreement of this case entered into with D, etc., the Plaintiff entered into the “E-multi-family housing construction project management-type land trust agreement” with the truster and trustee D. The purpose of this trust agreement is to construct multi-family housing on a specific land (F) and obtain profits therefrom from the trustee (such as the Plaintiff, etc.).

On August 23, 2016, the Plaintiff: (a) the sales agency service for 284 households in total of the 284 units of the CE apartment units to be constructed under the above trust agreement; (b) the sales agency service for each household shall be KRW 3,841,00 (in the case of value added tax including value added tax; (c) the sales agency service shall not separately indicate it as follows; and (d) the sales agency service charge shall not separately indicate it within 10 days from the filing date of the claim for payment of the down payment in cash.