1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On August 13, 2014, the Defendant: (a) decided and subcontracted the construction cost of KRW 460,000 and the construction period from August 20, 2014 to October 20 of the same year to the Hanju Co., Ltd. (hereinafter referred to as “ Hanju”), among the construction works for the new construction of the factory of Hanju Co., Ltd., Ltd. (hereinafter referred to as “ Hanju”), which was awarded a contract from the Hansan Natural Agriculture Institute; (b) the construction cost of KRW 157,00,000; and

At the time of the Plaintiff’s implementation of subcontracted construction work as above, the Plaintiff supplied the Han-si with construction materials, such as ice pumps, PVC pipe, wood, etc. used at the said construction site from October 2014 to November 2014, and partly installed the construction work. The amount of the material cost and the construction cost (hereinafter “instant materials price, etc.”) is equivalent to KRW 28,017,935 in total.

B. At the beginning of the construction work, the Defendant transferred the construction price (including the price of materials) directly to the subcontractor of Korea-China, including the Plaintiff, at the request of Korea-China.

On December 10, 2014, Korea-China did not continue the above construction work due to the shortage of construction funds, etc., and the above construction contract was terminated between the defendant and the defendant.

C. Accordingly, according to the suspension of the above construction, the Defendant directly paid the labor cost to the subcontractor of Korea-China in preference to the construction cost in accordance with the statement submitted by Korea-China, which submitted the construction cost equivalent to the period of the construction work performed by Korea-China. The Plaintiff did not receive the payment of the instant materials.

[Reasons for Recognition] Uncontentious Facts, Gap evidence 1 to 8, Eul evidence 1 to 8, Eul evidence 1 to 8, witness Eul's testimony and the purport of whole pleadings

2. The plaintiff's assertion and judgment

A. On December 10, 2014, where the Defendant asserted a claim under the Fair Transactions in Subcontracting Act, and the Defendant terminated the construction contract with the Han Ho-ju on or around December 10, 2014, the Han Han-do Construction Contract is the subcontract consideration to the Plaintiff.