1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Plaintiff is a company that operates the steel materials installation business, etc., and the Defendant is a company that runs the steel structural construction business.

B. On February 17, 2017, the Plaintiff was awarded a subcontract for the construction of a new E Logistics Center in the Chungcheong-gun Dable Zone (hereinafter “C”).

C. On April 20, 2017, the Plaintiff re-subcontracted the construction cost of KRW 269,500,000 (including value-added tax) among the said steel structure construction works to the Defendant for the installation of steel structure and field design construction works (hereinafter “instant construction works”) and for the construction period from April 20, 2017 to July 30, 2017 (hereinafter “instant construction contract”).

If the Plaintiff supplies the Defendant with materials, such as steel structures, the instant construction contract contains the Defendant’s input of human resources and equipment to install and seal steel structures, etc.

From April 2017 to June 2017, the Defendant filed a claim with the Plaintiff for payment for completed portion at the end of each month, and the Plaintiff paid the Defendant a sum of KRW 204,160,000 (including value-added tax) as the construction price.

E. On August 2017, the Defendant continued construction at the construction site of this case, and completed the said construction at the construction site of this case.

[Plaintiff’s assertion that the Defendant did not continue construction from July 2017, but the following circumstances, namely, ① the labor cost and equipment cost of the instant construction works, which the Plaintiff was directly paid, appears to have been related to the construction works carried out on July 8, 2017, and ② as seen earlier, the Defendant deemed to have visited the Defendant’s representative director and the instant construction works at the construction site around July 2017, based on the following: (a) it is reasonable to view that the Defendant had carried out the instant construction works by inserting human resources and materials into the construction site for the first time of August 2017 by the time of the instant construction site until August 2017; and (b) it is reasonable to deem that the Plaintiff had carried out the instant construction works by inserting them around August 2017.