1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On November 16, 201, the Defendant awarded a contract to the Defendant for construction works with Ulsan Construction Co., Ltd. (hereinafter “Sulra Construction”) and EmbCD Co., Ltd. (hereinafter “EmbD”); hereinafter “Enb, etc.”) for six block apartment construction works (seven sections) in the Nam-gu, Nam-gu, Incheon, Nam-gu, Incheon, set the construction cost as KRW 73,224,047,00,00 for the construction cost for the six block apartment construction works (seven sections) within the Seo-gu, Nam-gu, Incheon as a result of the design change, etc., and thereafter, on July 31, 2014, the said construction cost was changed to KRW 75,286,974,000 for the construction cost as of July 31, 2014.

(hereinafter “instant construction contract”). B.

1) On December 20, 2012, the construction of Ulsan Construction, etc. was subcontracted to the Plaintiff. 1) The construction of Ulsan Construction, etc. is deemed to be the Plaintiff during the construction of the interior and wooden construction (hereinafter “instant construction”).

(3) A subcontract was made on March 18, 2014 (hereinafter referred to as “instant subcontract”) with construction cost of KRW 3,312,925,150, and the date of completion.

(2) Then, the said subcontract was changed on April 18, 2013 to the construction cost of KRW 3,307,980,000 on the completion date, and December 31, 2014 on the completion date. - In the instant subcontract agreement between the Plaintiff, etc., the Defendant agreed to directly pay the Plaintiff the subcontract price corresponding to the portion the Plaintiff performed by the Plaintiff pursuant to Article 35(2) of the Framework Act on the Construction Industry. - Ulsan Construction, etc. - The Plaintiff, Defendant, and Ulsan Construction, etc., filed an application by dividing the details of the portion the Plaintiff performed by the Plaintiff at the time of the inspection and completion inspection, and the claim for the payment of the subcontract price is also filed separately with the Plaintiff, and the Defendant shall pay the subcontract price by omitting it from the following accounts

- With respect to the claim for construction cost against the Defendant, such as Ulsan Construction, etc., regardless of whether the construction works under the instant subcontract have been actually implemented or completed, the amount equivalent to the claim for construction cost under the instant subcontract shall be transferred to the Plaintiff, and the said transfer shall be made.