1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Defendant subcontracted the instant construction of reinforced concrete (hereinafter “instant construction”) to the Non-Party Madern Land Co., Ltd. (hereinafter “Madern Land”) during the construction process, while performing the instant construction work under a contract with the Armed Forces Finance Management Board, and the Madern Land leased heavy equipment from the Plaintiff.

B. On June 8, 2017, 2017, YUE drafted a written statement of direct payment that the Defendant would directly pay the equipment cost to the Plaintiff, and the Defendant’s B entered the written statement of direct payment as “B” in the written statement of direct payment.

C. In addition, on July 3, 2017, the U.S. case drafted a written statement of direct payment that the Defendant would pay the equipment cost for the July 2017 to the Plaintiff, and the Defendant’s written statement of direct payment that the U.S. Party B entered the “PUB B” in the said written statement of payment.

On the other hand, on August 1, 2017, Plue Land sent a public notice to the Defendant on June 1, 2017, stating that the Plaintiff’s construction cost, including the Plaintiff’s equipment cost, 38,666,250 won, should be paid within the scope of the paid-in payment. On August 3, 2017, the Defendant paid the Plaintiff KRW 38,66,250 as above.

[Ground of recognition] Facts without dispute, Gap evidence 5, 6 (including branch numbers, hereinafter the same shall apply), Eul evidence 1 and 4, the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The Plaintiff’s assertion: (a) from May 2017 to July 2017, the Plaintiff leased heavy equipment to YYY; and (b) the Defendant agreed to directly pay the Plaintiff the fee for the use of heavy equipment, which the Plaintiff and YYYYY, and the Defendant paid to the Plaintiff only KRW 38,66,250, out of the total fee for the use of the equipment, 74,236,250.

Therefore, the Defendant is obligated to pay the Plaintiff a fee of KRW 35,570,00 (i.e., KRW 74,236,250-38,66,250) and damages for delay.

(b) judgment;