1. The plaintiff's claim is dismissed.

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

1. Determination on the cause of the claim

A. From the Defendant, the Plaintiff was awarded a subcontract for electrical construction among the construction works for the construction works for the large franchise loan, the electrical construction works among the construction works for the construction works for the large franchise loan on March 23, 2011, the construction works for the extension of a factory on May 31, 2011, the construction works for telecommunications among the construction works for the new construction works for the fisheries plant on June 2, 2011, and the fact that the Plaintiff received a subcontract from the Defendant that the construction costs for each of the above construction works subcontracted by the Defendant were a total of KRW 102,00,000, there is no dispute between the parties.

B. According to the above facts, the defendant is obligated to pay 30,000,000 won and damages for delay claimed by the plaintiff as the payment of the construction cost, unless there are other special circumstances to the plaintiff.

2. Judgment on the defendant's defense

A. The defendant defense that he paid the total of KRW 102,00,000 to the above construction work price.

B. (1) In full view of the purport of the entire pleadings in each statement in the evidence Nos. 1 and 2, the fact that the Defendant remitted KRW 50,000,000 to the Plaintiff on June 22, 2011, including the transfer of KRW 102,00,000 to the Plaintiff on several occasions until December 30, 201 can be acknowledged.

(2) As to this, the Plaintiff asserts that, as the Defendant transferred KRW 30,000,000, out of KRW 50,000,000, which was remitted to the Plaintiff on June 22, 2011, to the Defendant under the direction of the Defendant-related party B, the Plaintiff should be excluded from the amount of construction payment.

According to Gap evidence No. 3, the fact that the plaintiff transferred 50,000,000 won from the defendant on June 22, 2011 to the respondent during the period from June 23, 2011 is recognized.

However, there is no evidence to prove that the Plaintiff transferred 30,000,000 won to the Penna case at the direction of B, and even if it is recognized that the Plaintiff transferred 30,000,000 won to the Penna case at the direction of B, the above 30,000 won should be excluded from the amount of the construction payment.