1. The part of the creditor subrogation claim against the defendant B is dismissed.

2. The plaintiff's construction of a window for the defendant.

1. Basic facts

A. On April 3, 2015, Defendant B entered into a contract with the Chang Construction Co., Ltd. (hereinafter “Defendant Company”) for the installation of 25 fishing districts in Incheon-gun C, Incheon-gun D and 20-ro 1,077,250,000 won (including value-added tax: payment according to the progress of construction) and the period from April 6, 2015 to June 30, 2015.

B. On April 13, 2015, the Plaintiff was awarded a subcontract by the Defendant Company on the part of the instant construction works related to hardware, by settling an interim settlement of accounts for the amount corresponding to the construction works completed once a month (including value-added tax) with the amount of KRW 770 million (including value-added tax), the period from April 14, 2015 to May 25, 2015 (amended to September 30, 2015), and the amount corresponding to the construction works completed once a month.

C. The Defendant Company received KRW 130 million out of the agreed construction cost from Defendant B, and paid the Plaintiff KRW 80 million on April 17, 2015 as the said subcontract price and KRW 125 million on May 4, 2015.

From June to July 2015, the Plaintiff suspended construction related to the said steel products and completed the said works.

E. The Defendant Company is in the absence of self-sufficiency as of the date of the closing of the instant argument.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2, Gap evidence 3-1, 2, Eul evidence 1-1, 2-2, and the purport of the whole pleadings

2. The Plaintiff’s assertion that the subcontract construction contract was cancelled due to the discontinuance of the remaining construction work due to the cause attributable to the Defendant Company after completing the construction work related to steel products worth KRW 28,360,000 according to the subcontract construction contract of this case, the Defendant Company is obligated to pay the Plaintiff the unpaid subcontract construction cost of KRW 158,366,00 ( KRW 283,360,000) and the delay damages.

In order to preserve the claim for the remainder of the subcontract construction work against the Defendant Company, the Plaintiff shall exercise the Defendant Company’s right on behalf of the amount of KRW 150,83.6 million, out of the claim for the construction work payment under the instant construction contract against the Defendant Company B.