1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Plaintiff supplied ready-mixed with the cost of KRW 73,578,305 at the construction site executed by C Co., Ltd. (hereinafter “Nonindicted Company”).

(hereinafter referred to as “the price of the instant goods”) B.

On August 15, 2016, the non-party company entered into a contract with the Defendant on August 15, 2016, stipulating that the non-party company will receive a contract for the E Corporation located D (hereinafter “the instant construction”) located in the original city with the amount of KRW 5.15 billion.

On April 14, 2017, the non-party company and the Defendant drafted a direct payment agreement (Evidence A 3; hereinafter “instant direct payment agreement”) with the purport that “73,578,305 won from the construction price to be paid to the non-party company after the third floor relocation shall be paid directly (direct payment) to the Plaintiff, the subcontractor, as the subcontractor.”

C. However, on April 14, 2017, along with the date of the formation of the instant direct payment agreement, the non-party company: “The non-party company, the contractor of the instant construction, confirmed and sealed the Defendant’s direct payment request that the non-party company requested the Defendant, the non-party company directly pays KRW 73,578,305 to the Plaintiff, the company, which is the company, and directly deposits the non-party company with the deposit account specified in the subcontract payment agreement, and verified that the payment certificate was terminated by submitting a copy of the deposit certificate to the Defendant (Evidence A-1 and the Plaintiff submitted the document to the Defendant, but there is no evidence to acknowledge that the document was forged; hereinafter referred to as the “instant promise”).

Around June 20, 2017, Nonparty Company suspended the instant construction project, and around that time, drafted a construction agreement with the Defendant to confirm that there was no balance of the construction cost of this case, and on June 21, 2017, the Defendant paid 45% for progress payment out of the construction cost of this case 5.15 billion won.