1. The plaintiff's claim is dismissed.

2. Litigation costs shall be borne by the plaintiff.

1. The following facts may be found either in dispute between the parties or in full view of each entry in Gap evidence, Eul evidence Nos. 1 to 4, and Eul evidence Nos. 2 to 8 (including additional numbers) and the entire purport of the pleadings:

On December 19, 2014, the Defendant: (a) concluded a contract for a new construction of multi-household housing in the land located in Seocho-gu Seoul Metropolitan Government (hereinafter “instant construction”) with the construction cost of KRW 500,000,000; and (b) from February 19, 2015 to June 2015.

B. On March 2015, the Plaintiff: (a) from March 2015, the removal work among the instant construction works, KRW 12,00,000,00 for the construction cost; (b) KRW 1,000,00 for the construction cost of the pelto; (c) from March 2015 to April 2015, the construction period of KRW 1/100 for delay; (d) from March 2015 to April 2015; (e) the contract date; (e) KRW 33,00,000 for the construction cost of the instant construction works; (e) KRW 90,00 for the remainder of the construction cost; and (e) was determined as being paid after completion of the pelto; and (e) was supplied with sewage by determining as being paid the remainder after completion of the construction.

(hereinafter referred to as the “instant subcontracted project”). C.

The Plaintiff completed the instant subcontracted project on July 2015. D.

The Defendant paid KRW 428,00,000 to B as the instant construction cost from January 15, 2015 to November 16, 2015. The Defendant paid KRW 121,60,000,000 to D directors of Co., Ltd. from November 19, 2015 to December 17, 2015, and paid KRW 46,205,00 from December 17, 2015 to January 26, 2016. The Defendant obtained approval for the use of a new building on February 4, 2016.

2. The assertion and judgment

A. The Plaintiff’s assertion completed the subcontracted project in this case on July 2015, and the construction cost of KRW 170,500,000, including value-added tax, was not paid from B.

However, even if Company B received the contract price or the progress payment from the Defendant, it delayed the payment of the contract price to the Plaintiff, the subcontractor, at least twice, and the Plaintiff’s director E has paid the contract price to the Defendant.