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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. The following facts of the facts do not conflict between the parties, or can be acknowledged in full view of the purport of the entire pleadings in each entry of Gap evidence Nos. 3 through 9, Eul evidence Nos. 2, 3, 4, 6, and 9 (including each number if there are serial numbers).
On June 14, 2010, the parties to the contract contracted for the construction of the sewage culvert rearrangement-transfer-lease project from the Seosan Cheongcheon Corporation, and entered into a subcontract with the New Cooperative Land Co., Ltd. (hereinafter referred to as the “New Cooperative Land”) by designating the construction cost as KRW 15,130,00,000 (excluding value-added tax) for the said construction work, and increased the construction cost as KRW 15,291,00 (excluding value-added tax) on September 9, 201.
The plaintiff is a company that manufactures and supplies ready-mixeds and asphalts, and supplied ready-mixeds and asphalts at the construction site of this case upon the request of the new cooperation.
B. In July 201, the Plaintiff requested that the Plaintiff continue to supply the goods to the Plaintiff on the condition that the Plaintiff would be directly paid the prices for the future goods, which were supplied by the Defendant for the supply of 119,697,138 won, on the basis that the supply was not received until the end of July 201.
Accordingly, on October 27, 2011, the New Cooperative case sent a public notice to the Defendant stating that “if a cause for direct payment occurs due to the failure of the New Cooperative Land to comply with the settlement terms, the Defendant agrees to pay the Plaintiff directly in accordance with the payment terms.” On November 2, 2011, the Defendant sent to the Plaintiff a public notice stating that “The price for supply of materials (confinites, and so on) from October 2011 to the Plaintiff requested for the New Cooperative case shall be deducted from the price for supply of materials (confinites, and so on) of the Plaintiff, the Defendant, and the New Cooperative case shall be accepted by the Plaintiff.”