1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On July 2, 2013, the Defendant was awarded a contract by setting the construction cost of KRW 1,250,000,000,000 for the New Loan Corporation (hereinafter “instant Loan”) from Haan-gun, Haan-gun (hereinafter “instant Loan”) at KRW 1.25 billion.

The above construction cost was changed to KRW 1.8 billion on May 20, 2015.

B. On July 2, 2013, the Defendant entered into a subcontract between E (hereinafter “E”) and E (hereinafter “E”) to perform all processes except civil engineering, landscaping, elevator construction, etc. of the instant loan (hereinafter “instant subcontract”) and the Defendant to pay E the construction cost of KRW 720 million (hereinafter “instant subcontract”).

The defendant paid 360 million won as construction price to E.

C. The instant loan was approved on June 23, 2015.

【Ground of recognition】 The fact that there has been no dispute, Gap Nos. 1, 2, 7, and Eul No. 1 (including Serial No. 1), the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion was received again from E the subcontracted part of the instant subcontracted work, and it was impossible for E to receive the payment for electrical construction even after completion of the construction work.

The Plaintiff was entrusted with the collection of the total amount of KRW 263,970,000 from other subcontractors of the subcontracted project in this case who did not receive the construction cost from E. The Plaintiff received KRW 120,000,000 from E for the payment of the said claim due to the Plaintiff’s claim for the construction cost of KRW 120,00,000 in relation to the separate construction project other than the project in this case against E. (hereinafter “the instant claim”).

Since E does not receive construction cost of KRW 390,000,000 after completion of the subcontracted project of this case, the Defendant, who received the instant claim, is the Plaintiff.