1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Defendant was awarded a contract with a limited liability company C (hereinafter “C”) for a new construction of D building. On January 2, 2017, the Defendant, among the said new construction works, subcontracted the instant construction works to the Plaintiff by setting the construction period from January 3, 2017 to April 30, 2017, as construction cost of KRW 848,400,00 (including value-added tax) (including value-added tax).

(hereinafter “instant subcontract”). (b)

At the time of the conclusion of the instant subcontract, the Plaintiff and the Defendant concluded a direct payment agreement on the subcontract price (hereinafter “instant direct payment agreement”) with the purport that “The Defendant shall directly pay the payment of the price for the portion executed by the Plaintiff for all of the wage, food, materials, etc. arising from the instant construction work.”

C. After that, the Plaintiff and the Defendant agreed on May 30, 2017 to change the construction cost to KRW 825,700,000 (including value-added tax) by settling expenses, such as health insurance premiums.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 5 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. According to the Plaintiff’s assertion of direct payment, the Defendant paid wages, food, material prices, etc. without following the Plaintiff’s verification procedure concerning the part performed by the Plaintiff at the instant construction site, despite having gone through the Plaintiff’s verification procedure concerning the actual expenses disbursed through the Plaintiff’s on-site agent.

As a result, the Defendant asserts that the Defendant paid the labor cost of KRW 404,297,621 and KRW 372,311,494 in total and KRW 774,874,415 in total and KRW 96,690,010 in direct input of the accident amount from January 2017 to June 2017. However, the labor cost of KRW 309,792,00 in total and KRW 94,505,621 in total, and the labor cost claimed by the Defendant to be paid by the Defendant exceeds the actual labor cost of KRW 372,31,494 in total and KRW 96,00 in total.