1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. A. Around December 2012, the Korea Medical Foundation (hereinafter “Korea Medical Foundation”) contracted Category C (hereinafter “B”) to a stock company B (hereinafter “B”), and B subcontracted the said construction to the Defendant on January 3, 2013, and the Defendant, on February 7, 2013, re-subcontracted the construction period from February 1, 2013 to March 31, 2013 (including value-added tax) with the construction cost of KRW 440 million (including value-added tax).

(hereinafter “instant construction contract”). B.

The Plaintiff performed an additional construction project following the instant construction project and the modification of the construction content on the side of the Korea Medical Foundation, and received KRW 378,500,000 from the Defendant as the construction cost from February 7, 2013 to July 10, 2013.

C. Around September 2013, the Plaintiff demanded the Defendant to make a settlement in the course of sending a written estimate stated in KRW 576,631,639 (excluding value-added tax) with the total construction cost of the instant construction and additional construction. The head of the public service division in B requested the Plaintiff to contact the final amount that can be settled, attaching the revised construction cost to KRW 514,558,385 (excluding value-added tax).

On the other hand, on October 11, 2013, the Plaintiff transferred KRW 40,922,200 out of the claim for the instant construction and additional construction costs to JinsanD Co., Ltd.

(A) The agreement on the transfer and takeover of bonds prepared at the time shall be entered as B by the debtor of the above bonds).

After that, after consultation with B on October 15, 2013, the Plaintiff prepared a written confirmation stating that “I will receive KRW 25 million (including value-added tax) from the representative until October 16, 2013, and then confirm that I will comply with the result of the settlement of the ordering company on the part of the ordering company without considering the issue of construction cost even if any reason exists until the final settlement of the ordering company (C) is completed,” and on the same day, KRW 25 million from the Defendant on the same day.