1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On June 26, 2013, Vietnam General Construction Co., Ltd. (hereinafter referred to as “VS General Construction”) concluded a construction contract with the Defendant to conclude a contract with each of the following terms: (a) the construction contract was to be executed by setting the total construction cost for the construction of a new house for the elderly located in the military unit located in the time of strike as 3,319,670,230 won (i.e., the second construction cost of KRW 234,479,480 as the first construction cost of KRW 234,085,190,750 as the second construction cost); and (b) the construction period from July 11, 2013 to December 31, 2013 (from February 21, 2014 to June 30, 2014).

(hereinafter the above construction work refers to “the instant construction work,” and the said construction contract is “the instant construction contract”). B.

Pursuant to the instant construction contract, around August 5, 2013, the Defendant paid KRW 500,000,000 as the first advance payment to the Berne General Construction and the second advance payment around March 13, 2014, respectively.

(hereinafter referred to as "the advance payment of this case" in entirety.

On August 15, 2014, the Vietnam General Construction subcontracted part of the instant construction to Doo, Samwon Special Construction Co., Ltd., Jeju Special Construction Co., Ltd., Main Power Construction Co., Ltd., and Plaintiff, a company engaging in painting construction, etc., the Plaintiff entered into a subcontract agreement with the Vietnam General Construction Co., Ltd. with the content that the portion of the instant construction among the instant construction is to be subcontracted with each of the total construction cost (including value added tax) and the construction period from August 15, 2014 to September 20, 2014.

(hereinafter referred to as the “instant subcontracted project,” and the said subcontracted project contract is called the “instant subcontracted project”). D.

On August 19, 2014, the Defendant agreed to pay the subcontract price under the instant subcontract contract to the Plaintiff directly with the Vietnam General Construction and the Plaintiff. The main contents of the agreement are as follows:

B 11-2, hereinafter the above agreement is referred to as “instant direct payment agreement,” and is so.