1. The plaintiff's claim is dismissed.

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

Facts of recognition

B Around September 2008, the Korea Land and Housing Corporation (hereinafter “B”) entered into a contract with the Korea Land and Housing Corporation (hereinafter “Korea Land and Housing Corporation”) on the C landscaping Corporation (hereinafter “Korea Land and Housing Corporation”) (hereinafter “Korea Land and Housing Corporation”) and comprehensively succeeded to the rights and obligations of the Korea Land and Housing Corporation; hereinafter “Korea Land and Housing Corporation”); and the Defendant jointly and severally guaranteed the contract.

Since then, as the contract with B is terminated due to the delay of construction work in B, the guarantor is the contractor in around 2009 and the contract for the construction work in this case was entered into with the Korea Land and Housing Corporation.

Among them, construction cost was set at KRW 757,063,00, construction cost was set at KRW 738,850,000, and construction cost was set at KRW 43,941,000 for maintenance and management works.

Around 209, the Defendant entered into the following subcontract agreements with the Plaintiff and the Southern Comprehensive Construction Co., Ltd. (hereinafter referred to as “Seoul Comprehensive Construction”)

After the completion of the relevant construction work, the plaintiff and the remaining comprehensive construction were paid the construction cost as follows:

① The Plaintiff and the Defendant entered into a subcontract with the construction cost of KRW 643,730,00 regarding food works among the instant construction works.

After completion of construction, the Korea Land and Housing Corporation paid 643,730,000 won directly to the Plaintiff.

② As to the instant construction works, the Defendant directly provided that 463,210,000 won should be directly provided for the instant construction works, and as to the remainder, the Defendant entered into a subcontract with the Southern District Construction Co., Ltd. (hereinafter “Seoul District Construction”) and the construction cost at KRW 234,540,000.

After the completion of construction, the Korea Land and Housing Corporation paid 243,540,000 won for the subcontracted portion of the building.

(3) The defendant is a general construction in South Korea and in the instant construction works.