1. The plaintiff's claim is dismissed.

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

1. The Defendant, on September 5, 2013, concluded a contract for the new construction of the building B with the ordering person, and subcontracted the instant construction of reinforced concrete (hereinafter “instant construction”) among the said construction to Epia Construction Co., Ltd. (hereinafter “HI Construction”) with the construction cost of KRW 6 billion.

The Plaintiff entered into a lease agreement with HI Construction on January 13, 2014 with respect to the instant construction, and supplied temporary materials to the instant construction site by July 2014.

HI Construction was not capable of self-sufficiency from the beginning of the instant construction work.

In the event that the Defendant pays the construction cost to HI Construction, it is anticipated that the instant construction would not properly proceed with the instant construction work by using HI Construction’s other debt repayment, etc. without paying the price or wage to the relevant sewage supplier. As such, the Defendant continued to pay the subcontract price directly to the HI Construction’s sewage supplier until the completion of the instant construction work from September 2014 to DI Construction’s end.

On the other hand, the Defendant did not pay the construction cost to HI Construction.

With respect to the above direct payment method, D, an employee of HI Construction, prepared a written request for direct payment of subcontract amount by monthly settlement of the amount to be paid to HI Construction’s sewage subcontractor, and submitted it to the Defendant each month. The Defendant immediately paid most of the amount requested for direct payment until May 2014.

However, from June 2014, the Defendant is anticipated to pay the subcontract price in full from the payment date of April 2014, if the amount in a written request for direct payment of the subcontract price is immediately paid, it would exceed the amount of the contract price agreed with HI Construction. Among them, only the amount in need of urgent payment, such as wages, shall be paid, and for some companies including the Plaintiff, etc., the Defendant did not pay all or part of the price requested for direct payment.

[Reasons for Recognition] A.