1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Plaintiff is a person who engages in steel and dry retail business with the trade name of “C,” and the Defendant is a corporation engaged in construction business, etc.

B. On December 7, 2015, the Defendant entered into a contract between D and D with the construction cost of 1.566 billion won (including value-added tax; hereinafter the same shall apply) and the construction period from December 7, 2015 to June 30, 2016.

C. On January 7, 2016, the Defendant entered into a contract with F to enter into a construction contract with the construction cost of KRW 1 billion and the construction period from January 7, 2016 to August 30, 2016, for the construction cost of the instant construction project, including G in Ulsan-gun, etc. (hereinafter “instant construction”).

On December 10, 2015, the Defendant subcontracted the instant construction project to H (hereinafter “H”) with the contract price of KRW 712 billion and the construction period from December 10, 2015 to June 30, 2016.

E. On January 10, 2016, the Defendant subcontracted the instant construction to H with the contract price of KRW 712 billion and the construction period from January 10, 2016 to August 30, 2016, with the exception of the subcontract as described in the said paragraph among the instant construction works.

F. The Plaintiff supplied H with steel and steel necessary for the instant construction.

The plaintiff was not paid KRW 104,627,600 out of the total price of steel and steel.

[Ground of recognition] Facts without dispute, Gap evidence 2, 3, Eul evidence 1 to 4 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. The gist of the Plaintiff’s assertion: (a) after H waived the instant construction, the Plaintiff supplied scrap and steel necessary for the instant construction to the Defendant from February 2, 2016 to July 2016 at the request of the Defendant, a field manager, at the Defendant’s request; and (b) the Defendant directly paid the Plaintiff the steel and steel price.

As such, the Plaintiff supplied steel and dry at the construction site of this case at the Defendant’s request.