1. The plaintiff's claim is dismissed.

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

1. The plaintiff's assertion

A. On May 31, 2016, the Plaintiff agreed to the construction of the Maul Construction Co., Ltd. (hereinafter “Maul Construction”) and the construction cost of “750 million won (excluding value-added tax),” and the construction period of “within five days after the commencement approval of the commencement of the construction in 2016 and the completion of the construction within three months after the commencement of the construction.”

B. However, on August 31, 2016, the Defendant succeeded to the status of the contractor for the friendly construction, and the Plaintiff suspended the construction due to the delay in the payment of the construction cost to the Plaintiff. Accordingly, the Plaintiff and the Defendant agreed to the Plaintiff’s claim for the construction cost of KRW 177,100,000 (including value added tax) and issued an electronic tax invoice for the said amount to the Defendant until the discontinuance

C. Accordingly, the Plaintiff seeks the payment of the above construction cost to the Defendant.

2. Determination

A. According to the overall purport of Gap evidence Nos. 1, 2, Eul evidence Nos. 1, 3, 11, 12, and Eul evidence Nos. 1, 10-3 as to the cause of the claim, as alleged above by the plaintiff, it is acknowledged that the defendant was in the position of subcontracting the instant construction project, and that the defendant did not pay the construction price to the plaintiff, but the plaintiff issued a tax invoice of KRW 177,100,000 (including value-added tax) for the period until July 31, 2016 of the instant construction project, and that the plaintiff and the defendant agreed to the final payment for the completion of the instant construction project at KRW 17,710,00,000,000, which is the issue amount of the said tax invoice, after the plaintiff and the defendant reached an agreement between the plaintiff and the defendant.

According to the above facts, the defendant is obligated to pay the plaintiff the construction cost of this case KRW 1770,000,000 and damages for delay, unless there are special circumstances.

B. The defendant's assertion is that the plaintiff requested the direct payment of the construction cost to C, which is the owner of the above construction work, and C shall pay the construction price in full to the plaintiff.