1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On August 2010, the Plaintiff operating a wholesale and retail business of construction materials under the trade name of “C” entered into a supply contract with F in relation to the construction work of a multi-family house on the ground and E-family house (hereinafter “instant construction work”) and supplied F with the construction materials.

B. The plaintiff filed a lawsuit against F to claim the price of building materials supplied by him and received a favorable judgment, and the above judgment became final and conclusive.

(The High Court of Suyang District Court 201Na16171 and the High Court of the Republic of Korea 2012Na1987).

The Defendant is the owner of the instant construction project, and F is the contractor of the instant construction project who entered into a contract with the Defendant on or around August 2010.

[Grounds for recognition] Gap evidence Nos. 1, 1, 2, and 7, and the purport of the whole pleadings

2. Determination

A. The plaintiff asserts that since the defendant, the owner of the building, agreed to pay the plaintiff's material price directly, the defendant is obligated to pay 20,493,540 won of the material price to the plaintiff.

Plaintiff

In addition, even though the defendant proposed to reduce the price through G, the plaintiff refused to reach an agreement, so even according to the plaintiff's assertion, it cannot be deemed that the agreement between the plaintiff and the defendant that the defendant would pay the material price directly to the plaintiff, and it is insufficient to recognize the establishment of the above agreement solely with the statement in Gap 2 through 5.

Therefore, the plaintiff's above assertion is without merit.

B. The plaintiff asserts that the defendant is obligated to pay the material price directly to the plaintiff pursuant to Articles 34 and 35 of the Framework Act on the Construction Industry.

Article 34 of the Framework Act on the Construction Industry provides for the payment of a subcontract price to a subcontractor by a contractor, and Article 35 of the same Act provides for the direct payment of a subcontract price to a subcontractor by a project owner, and Article 35 of the same Act applies to the contractor - the subcontractor or the subcontractor - the Plaintiff and the