1. The plaintiff's claim is dismissed.

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

1. Under a contract for D Construction, Hyundai Construction Co., Ltd., Ltd., a primary fact, subcontracted the construction work of Section 1 to Pteatech Co., Ltd. (hereinafter “Ssung”) and the construction work of Section 2 to C Co., Ltd. (hereinafter “Seong Young”), and the construction work of Section 3 to B Co., Ltd. (hereinafter “B”).

Masitech subcontracted the Plaintiff with stone and Boyang Construction Works among the construction works of 1 construction section around January 2015.

From March 16, 2015 to June 17, 2015, the Plaintiff performed a 36,745,000 construction project, dumpstones and Boyangsing construction project equivalent to KRW 36,745,00.

On the other hand, on February 16, 2015, the decision of commencement of rehabilitation procedure was made with respect to sexual anatech, and B acquired the construction work of the Section B through bidding.

B, on August 2, 2016, when the instant lawsuit was pending on August 2, 2016, the Seoul Central District Court 2016 Ma100138, which was decided to commence rehabilitation proceedings. The Defendant was appointed as the administrator of the rehabilitation debtor B Co., Ltd. (hereinafter “Rehabilitation debtor B”) and the “B Co., Ltd.”), and taken over the instant litigation proceedings.

The plaintiff reported the claim of this case as a rehabilitation claim in the rehabilitation procedure, but the defendant denied the claim of this case for the reason that the lawsuit of this case is pending.

【Ground of recognition】 In the absence of dispute, Gap evidence 1, 6-1, 18-1, 2, and 3-2, part of Gap evidence 2, and the purport of the whole pleadings

2. The assertion and judgment

A. The summary of the Plaintiff’s assertion 1) The Plaintiff received a subcontract for 36,745,00 won of the construction cost claim against the Defendant who raised an objection to the Plaintiff’s claim for the construction cost against the Plaintiff, and the damages for delay thereof. Defendant B did not conclude a subcontract for 1 tin and Boyang Construction directly with the Plaintiff.

B. The Plaintiff was awarded a subcontract for 1 Section 1 and Boyang among D Works.