1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On December 22, 2014, the Defendant: (a) concluded a contract for the construction of steel structure of C factories located in Shee, with the construction cost of KRW 1,001,000,000 (including value-added tax; hereinafter the same shall apply); and (b) the construction period from December 20, 2014 to April 30, 2015.

B. On January 26, 2015, the Plaintiff paid sewage to Non-Party Company the steel frame and strawing works among the said steel structure works (hereinafter “instant construction works”) by setting the construction cost of KRW 297,00,000,000, and the construction period from January 27, 2015 to March 10, 2015, and completed it around April 10, 2015.

C. The Plaintiff received a total of KRW 227,502,400 as the instant construction cost. Of that, KRW 70,000,000 was directly paid by the Nonparty Company on May 30, 2015, and the remainder of KRW 157,502,40 was directly paid by the Defendant to the Seoul Steel Co., Ltd., Ltd., the Plaintiff’s supplier, and the Geumethyl et al.

On the other hand, on August 19, 2015, the Defendant notified the non-party company of the cancellation of the contract on the ground of the delay of construction, etc., when the completion rate of the said steel structure construction was about 78%. The Defendant’s payment up to the time was KRW 784,552,40, totaling KRW 78% of the agreed construction cost, and KRW 383,90,000, out of which was directly paid to the non-party company, and the remainder of KRW 400,652,40 (including KRW 157,502,40, supra) was paid directly to the non-party company or the Plaintiff’s sewage supplier, supplier, etc.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 5, 6, Eul evidence No. 1, Eul evidence No. 2-1, 2, Eul evidence No. 3-1, 2, 3, Eul evidence No. 4, the purport of the whole pleadings and arguments

2. The plaintiff's assertion and judgment

A. The Plaintiff’s assertion is the cause of the instant claim. The Plaintiff himself was not paid KRW 69,197,60 (=297,000,000 - KRW 227,502,400) from the Nonparty Company. The Nonparty Company is the construction cost of the instant steel structure, which is the larger amount, = 216,447,60 won.