1. The plaintiff's appeal and the claims extended by this court are all dismissed.

2. The costs of the lawsuit after the appeal are filed.

1. Facts of recognition;

A. On March 18, 2016, the Defendant (formerly: Limited Company C) concluded a contract with D Co., Ltd. (hereinafter “D”) for the new construction of the E-ground D Factory (hereinafter “instant construction”) from Kim Jong-si (hereinafter “D”) for the construction cost of KRW 6.422 billion,18 million, and the construction period from March 30, 2016 to September 26, 2016.

B. On May 24, 2016, the Defendant entered into a subcontract with the F Limited Company (hereinafter “F”) on the part of the instant construction work with the cost of construction KRW 1.46,751,00,000 for reinforced concrete and ethyl construction work. On February 2, 2017, the part of the instant steel-frame construction among the instant construction work was additionally set at KRW 44,096,220 for construction cost.

C. The Plaintiff, a company engaged in the manufacture, sales, etc. of ready-mixeds, supplied ready-mixeds worth KRW 352,970,970 in total at the construction site of this case over several occasions from June 23, 2016 to May 27, 2017. From August 31, 2016 to May 31, 2017, the Plaintiff issued a tax invoice stating a total of KRW 22,75,170 in total the amount of supply to the Defendant and the person who is supplied five times from December 31, 2016 to May 31, 2017, stating the amount of supply as KRW 130,215,80 in total.

The Plaintiff received KRW 21,00,000 from the Defendant as the price for supply of ready-mixeds on September 13, 2016, and KRW 21,00,000 on November 21, 2016, and KRW 45,896,00 on May 5, 2017. The Plaintiff received KRW 130,215,800 on August 10, 2017 from D, the ordering person.

[Ground of recognition] The fact that there is no dispute, Gap 2 through 9, Eul 1 through 7, and the purport of the whole pleading

2. Determination as to the cause of action

A. On May 1, 2016, the Plaintiff entered into a contract with F to supply ready-mixeds at the instant construction site on or around May 1, 2016, and the Defendant, a contractor, directly pays back to the Plaintiff, the subcontractor.