1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Defendant is a company that performed the construction work of B development project (hereinafter “instant construction work”) in the Republic of Korea from the Korea Land and Housing Corporation in the Republic of Korea, one week, after being awarded a contract with the Korea Land and Housing Corporation, and the Plaintiff was a company that performed the repair work of sewage pipes, the work of cleaning the Manle, and the CCTV shooting at the site of the instant construction work from September 2012 to November 2012 (hereinafter “instant work”).

B. In relation to the instant work, the Plaintiff issued each tax invoice with the aggregate of 70,593,490 of the supply value as of October 31, 2012 and 95,121,510 of the supply value as of November 30, 2012, stating that the Plaintiff was a person to whom EP Construction Co., Ltd. (hereinafter “NP”) was supplied.

C. Of the instant work price, the Plaintiff received KRW 80,592,490,500 from the non-party company on December 7, 2012, and KRW 35,592,90 on January 4, 2013, and KRW 11,00,000 on November 11, 2013, and received KRW 20,000,000 from the Defendant on April 18, 2013.

[Ground of recognition] Facts without dispute, Gap 1, 3, 4, 10 evidence, Eul 5 evidence, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion was introduced to C, who is an employee in charge of the instant construction site through the head of the non-party company’s site, and was subcontracted to C with the instant work.

The Plaintiff solely received instructions from C and carried out the instant work in consultation with C, and only issued each tax invoice to the recipient of the non-party company upon C’s request.

Therefore, the defendant is deemed to be a contracting party that subcontracted the work of this case to the plaintiff, and the defendant is obligated to pay the balance of the work price of this case and damages for delay to the plaintiff.

B. The defendant asserted that the construction work of this case and other construction work of this case were subcontracted to the non-party company with the price of KRW 2,660,500,000.

The Plaintiff is investigating and dredging the CCTV of this case from the non-party company during the subcontract work.