1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On April 8, 2013, the Plaintiff is engaged in the business of selling and constructing glass glass in the name of C. On the other hand, the Plaintiff concluded a construction contract with Nonparty C C&C Co., Ltd. (hereinafter “Nonindicted C”) with respect to the construction of windows, glass, etc. (hereinafter “instant construction”) among the construction works of the E-building, which were contracted by the Defendant, the owner of the building by Nonparty C, for a period of KRW 118,00,000, and the construction period from March 18, 2013 to May 31, 2013.

B. On June 2013, the Plaintiff completed the instant construction work.

C. The Plaintiff received respectively KRW 33,00,000 on June 13, 2013 from the Defendant, and KRW 33,000,00 on July 15, 2013, and KRW 9,400,00 on September 16, 2013.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 3, Eul evidence 1 and 2 (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. Assertion and determination

A. The Plaintiff’s assertion that the construction work of this case first started by the Defendant’s request, and the Defendant agreed to pay the construction cost of this case directly to the Plaintiff. As such, the Defendant is obligated to pay the remaining amount of KRW 43,00,000 ( KRW 118,000,000-32,60,000-33,000,000-9,400,000).

B. Examining whether the Defendant agreed to pay directly the construction cost of the instant case to the Plaintiff, it is difficult to believe that the statement of No. 5 and the witness F’s testimony, which appears to correspond thereto, are difficult to accept, and each statement of No. 1 through No. 4 is insufficient to recognize it, and there is no other evidence to acknowledge it.

Rather, comprehensively taking account of the purport of the entire pleadings in the written evidence Nos. 1 through 3, the Defendant paid the construction price to the Plaintiff upon obtaining the consent of the non-party company’s non-party company’s non-performance of position. According to the written consent of the non-party company’s non-party company’s non-performance of position on June 13, 2013, KRW 32,600,000 to the Plaintiff on the same day, and the non-party company’s non-party company’s non-performance of position on July 15, 203.