1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by each person;

1. Facts of recognition;

A. On November 16, 201, the Defendant awarded a contract for construction works with the Defendant with Ulsan Construction Co., Ltd. (hereinafter “Suld Construction”) and EmbAWD Co., Ltd. with the construction cost of KRW 73,224,07,00, the apartment housing construction works (seven tools) of six block units in the Nam-dong Housing Site Development Zone, Nam-gu, Incheon. Accordingly, on July 31, 2014, the said construction cost was changed to KRW 75,286,974,000 on July 31, 2014 following a design change, etc.

(hereinafter “instant construction contract”). B.

(1) On July 30, 2013, Ulsan Construction subcontracted to the Plaintiff on July 30, 2013, 501,416,517, and the construction period from July 30, 2013 to June 30, 2014. (2) The Plaintiff completed the said construction, but did not receive KRW 54,416,517, out of the construction price.

C. 1) The Act on Fair Transactions in Subcontracting is the Act on Fair Transactions in Subcontracting (hereinafter “subcontract”).

(2) On October 7, 2014, the Seoul Central District Court filed an application for rehabilitation with the Seoul Central District Court No. 2014hap175 on October 22, 2014, and the rehabilitation procedure is in progress until now.

3) On October 10, 2014, the Plaintiff sent to the Defendant a written claim for direct payment that the Plaintiff did not receive to the Plaintiff pursuant to Article 14 of the Subcontract Act, and reached the Defendant on October 13, 2014. [Grounds for Recognition] The Plaintiff did not dispute, Gap 1 through 6, Eul 1, and the purport of the entire pleadings.

2. Assertion and determination

A. According to the above facts, Ulsan Construction constitutes a principal contractor under Article 2(2)1 of the Subcontract Act, and the Plaintiff constitutes a subcontractor under Article 2(3) of the same Act.

In addition, Article 14, Paragraph 1, of the Act for Ulsan Construction.