1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Defendant was awarded a contract for the construction work for the expansion and packing of the roads B in leisure city in Gyeonggi-do (hereinafter “instant construction work”).

B. On June 11, 2013, the Plaintiff entered into a subcontract for the instant construction project (hereinafter “instant subcontract”) with the Defendant, and drafted a standard subcontract for the instant construction project, which consists of the contract price of KRW 372,362,00, and the construction period between June 11, 2013 and April 26, 2014.

C. From June 28, 2013 to December 2, 2013, the Defendant paid to the Plaintiff totaling KRW 372,362,00,00, in the name of advance payment and labor cost of the instant subcontract.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 4, Eul evidence Nos. 2 through 5 (including paper numbers), the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion 1) The Plaintiff’s in-house director C received the entire construction of this case from the Defendant as a lump sum subcontract, and the construction cost was set at KRW 1,695,792,60 [the construction cost of this case = KRW 1,530,945,00 (78% of the construction cost of this case KRW 1,962,750,00)] 164,847,600 (the additional construction cost of KRW 183,164,00).

2) However, during the construction process, the Plaintiff was established as an in-house director upon pointed out that there is a problem that C, an individual, who is an ordering entity, will undertake the instant construction project, and a subcontract was prepared between the Plaintiff and the Defendant with a content of KRW 372,362,00. 3) While the Plaintiff completed the subcontracted construction project in March 2014, the Plaintiff received only KRW 1,498,789,138 out of the subcontracted construction cost from the Defendant.

4) In addition, the Defendant did not settle the Plaintiff’s additional construction cost of KRW 22,00,00,000 and value-added tax of KRW 33,00,000 in substitute payment for the following leading construction works and value-added tax. 5) Accordingly, the Defendant paid KRW 252,03,462 to the Plaintiff [197,00,03,462 won [i.e., unpaid construction cost of KRW 197,03,462] (=1,695,792,600 - 1,498,789,138