물품대금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. On December 19, 2011, the Defendant concluded a contract with C for the construction of a three-story reinforced concrete multi-family house (hereinafter “instant construction”) on a scale of 2,695 square meters in Tong-si, Tong-si, through which the Defendant subcontracted the said construction work on December 19, 201, with the construction cost of KRW 790 million (excluding value-added tax) and on May 31, 2012.
(hereinafter “instant subcontract”). (b)
On April 3, 2012, the Defendant agreed with the prime contractor C as to the addition and modification of the instant construction work (hereinafter “Agreement”) and the part concerning the execution of the construction work and the settlement of the aggregate construction work among them are as follows.
3. A funding plan (construction cost) - During the end of April: Defendant (100 million to KRW 150 million) -
5.20.Minor: C shall prepare for the progress payment.
(10 million to 150 million won) - The amount of funds shall be paid after completion as required by the Fund.
4. The cost of materials from among the inputs added to an estimate shall be borne by C, and the other parts shall be settled by Defendant A.
C. On June 11, 2012, Espanish entered into an additional construction agreement of KRW 120,182,000 in total for the construction cost pursuant to the agreement of April 3, 2012 between Espanish and C, the prime contractor, and upon completion of the instant construction pursuant to the said agreement, obtained approval for the use of new buildings on August 15, 2012.
From December 19, 201 to June 16, 2012, the Plaintiff supplied construction materials using ready-mixeds equivalent to KRW 79,096,00 (hereinafter referred to as “ ready-mixed”) at the instant construction site, and the Defendant paid KRW 10,000 to the Plaintiff on June 15, 2012, December 31, 2012, and February 6, 2013.
【Ground of recognition】 In the absence of dispute, Gap evidence 1, 3, Gap evidence 5-2, 3, Eul evidence 1, 3, and 5, the purport of the whole pleadings and arguments
2. The parties' assertion and judgment
A. The parties’ assertion.