1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. Co., Ltd. (hereinafter referred to as the “Co., Ltd.”) is omitted.

A) On December 4, 2009, the removal works (hereinafter “instant prime contract works”) among C major repair works conducted in Jung-gu, Incheon (hereinafter “instant prime contract”) between the Defendant and the Defendant, and between Jung-gu, Incheon.

(2) From December 4, 2009 to January 18, 2010, the Plaintiff entered into a contract with the Defendant for construction waste disposal works (hereinafter “instant subcontract construction works”) among the instant prime contract with A on December 20, 209, with the construction cost of KRW 22,500 to KRW 45,00 (construction waste disposal, interim disposal, disposal place, and disposal place) per square meter, and entered into a contract with A to accept a subcontract with the Plaintiff.

B. On February 7, 2010, the Defendant issued a direct non-party D subcontractor’s payment of the construction cost to the non-party D’s actual manager who received the instant prime contract. The payment of the subcontract price was made after examining the written claim for the performance of the subcontractor’s work after completing all of the removal works from the third to the sixth above ground, and then determining the amount as agreed upon by the Defendant and D.) on February 17, 2010, the Defendant agreed to pay the Plaintiff the construction cost of the instant subcontract to the Defendant on February 17, 2010. However, the Defendant made a written statement of non-party D’s direct payment to the effect that the demand for waste transport, disposal, and confirmation are possible.

3. Since January 26, 2011, A shall determine the construction cost of the instant subcontract as KRW 88,785,753, which was executed by December 30, 2010, and shall be paid in electronic bills.

“The Plaintiff prepared and delivered a direct non-payment certificate to that effect.”

4 Around February 25, 2011, the Defendant paid KRW 50,000,000 out of the subcontract price of this case to the Plaintiff.

C. Nonparty E is an assignment order for the claim for the original contract price of this case.