1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. On July 4, 2016, the Defendant entered into a contract for construction works with C Co., Ltd. (hereinafter referred to as “C”) with the term “E New Construction Works” on the D ground (hereinafter referred to as “instant construction works”) to the construction cost of KRW 219,740,00, and from August 1, 2016 to September 13, 2016, the construction period of the construction period of KRW 232,210,00, and the construction period of the construction period of KRW 232,210,000, respectively.

B. On September 16, 2016, C entered into a construction subcontract agreement with the Plaintiff to the effect that the instant construction work was subcontracted in KRW 219,740,000 for the construction cost.

The instant construction was completed on July 7, 2017.

C. On June 5, 2017, the Defendant: (a) agreed to pay KRW 100,000,000 upon completion of the building; (b) and (c) each of the commitments to pay KRW 46,000,000 to the Plaintiff until September 15, 2017 (hereinafter “each of the instant agreements”); and (c) C agreed on December 18, 2017 that the Plaintiff would be directly paid the construction cost from the Defendant, the contractor of the instant construction, who is the contractor of the instant construction.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, 6, 7, Eul evidence Nos. 3, 5, 7 (including provisional number; hereinafter the same shall apply), the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff completed the instant construction.

The Defendant, the contractor, committed a direct payment of the construction cost to the Plaintiff, the subcontractor, through the preparation of each of the instant contracts, and C, the contractor, consented thereto.

Therefore, pursuant to the Fair Transactions in Subcontracting Act and the Framework Act on the Construction Industry, the Defendant is obligated to pay the Plaintiff the remainder of KRW 75,000,000,000, out of the construction cost of KRW 146,000,000, which was already paid, and the damages for delay.

B. The Defendant first contracted the instant construction to FF Co., Ltd. (hereinafter “F”), and paid KRW 75,000,000 for the construction cost.

The defendant shall thereafter be liable.