1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Plaintiff received orders from E Co., Ltd. (hereinafter “E”) for a new construction of the main complex for the Gangseo-gu Seoul Metropolitan Government C D D Rearrangement Project (hereinafter “instant construction”). However, the Plaintiff did not directly conclude a contract for the instant construction project with E.

B. On October 30, 2009, E entered into a subcontract for mechanical facility works in the instant construction with F Co., Ltd. (hereinafter “F”), and entered into a subcontract for the instant construction with F Co., Ltd. (F who entered into a subcontract for mechanical facility works with E and machinery facilities works, the same is different from F, but the representative director is another separate corporation. To distinguish from F, E entered into a subcontract for the fire-fighting facility works in the instant construction with F.

C. After revocation of the G’s license for fire-fighting facility works, E and G terminated a subcontract relationship for the fire-fighting facility works on June 3, 201. On July 5, 2011, E and H succeeded to a subcontract agreement for the fire-fighting facility works among the instant construction works with H (hereinafter “H”) and entered into a contract with H (hereinafter “H”) under which H succeeds to a subcontract agreement for the fire-fighting facility works among the instant construction works and receives a subcontract from E with the same content as the relevant subcontract.

[Ground of recognition] Unsatisfy, entry of Gap evidence 2, 5, and 7, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion 1) The Defendant agrees to first bear the cost necessary for the construction and complete the construction through F and H, and to pay the Plaintiff the remaining amount after settling the construction cost incurred when he receives progress payment from E (hereinafter “instant agreement”).

2) E paid F the sum of KRW 1,144,610,00 in total, KRW 2,215,540,000 for construction completion and KRW 2,000 in total, KRW 1,070,930,00 for construction completion and KRW 2,04,92,404 for construction cost incurred in the instant construction work.

3) Meanwhile, the Plaintiff lent a total of KRW 292,320,000 to the Defendant for the initial construction cost to be borne by the Defendant and F. 4) The Defendant lent 303,774 to the Plaintiff.