1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

1. The following facts are acknowledged in light of Gap evidence Nos. 1, 2, 8, Eul evidence Nos. 1, 2, and 1, and 2, and the purport of the entire pleadings in this court testimony C and D.

A. On April 17, 2014, the Defendant concluded a construction contract for the construction of neighborhood living facilities and multi-household houses on the land owned by the Defendant (hereinafter “instant construction contract”) on the land owned by the Defendant, and determined the construction amount as KRW 830,000 (including value-added tax). Around that time, the Defendant paid KRW 80,000,000 in advance to the large-scale construction.

B. On May 12, 2014, M&D entered into a contract for the supply of ready-mixed (hereinafter “JA”) with M&D Co., Ltd. (hereinafter “SA”) and agreed to pay the price by cash as of the end of the following month.

C. From May 3, 2014 to January 22, 2015, the period from May 3 to January 22, 2015: (a) the Defendant supplied ready-mixed equivalent to KRW 55,492,140 in total; (b) the Defendant paid KRW 40,700,000 in total to ready-mixed from June 20, 2014 to September 5, 2014.

On the other hand, 14,792,140 won out of the amount of ready-mixed and the plaintiff filed a claim for ready-mixed construction and the plaintiff. Accordingly, the plaintiff paid 16,035,000 won in total as the amount of ready-mixed and interest.

2. The assertion and judgment

A. The Defendant asserted that the Plaintiff did not pay part of the subcontract price and the price of the goods in lieu of the Plaintiff, even though the Defendant agreed to directly pay the subcontract price and the price of the goods when concluding the instant construction contract with large wood Construction

Therefore, the Plaintiff, as the substitute or the assignee of the unpaid ready-mixed price, sought payment of the unpaid ready-mixed price from the Defendant.

B. We examine the following circumstances, i.e., the evidence mentioned above and the statements set forth in the Evidence Nos. 4, 5, and 8 as a whole, which can be seen by considering the overall purport of the pleadings.