The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

1. Facts of recognition;

A. The Plaintiff runs the wholesale and retail business of steel products, dried products, and safety products with the trade name of “C”, and the Defendant runs the construction business.

B. On March 8, 2019, the Defendant re-subcontracted the steel reinforced concrete construction work (hereinafter “instant construction work”) among the subcontracted construction work, which was subcontracted by D Co., Ltd., to F around that time.

F re-subcontracts part of the instant construction to G.

(c)

The Plaintiff supplied goods at the construction site of this case (hereinafter “instant goods”) from around December 2, 2018 to F upon receiving a request for the supply of goods, such as scrap metal, etc., and issued tax invoices in the future for the Defendant. The Defendant paid to the Plaintiff the price for the goods that occurred until July 2019.

(d)

On August 2019 and September 201 of the same year, the Plaintiff issued a tax invoice for KRW 39,380,000 in total.

【Fact-finding without a dispute over the basis of recognition, Gap evidence 1, Eul evidence 1 to 4, the purport of the whole pleadings

2. Summary of the parties' arguments;

A. In the forepart of the Plaintiff, the Plaintiff entered into a contract with the Defendant for the supply of goods, such as hardwares, and supplied the instant goods to the Defendant. In preparatoryly, the Defendant agreed to pay the price of the instant goods to the Plaintiff in direct payment instead of F, the Defendant is obligated to pay KRW 39,380,000 for the amount of the goods on August 8, 2019 and September 20, and damages for delay.

B. The Plaintiff entered into the instant goods supply contract with Defendant F, and the Defendant paid the price for the goods to the Plaintiff within the scope of the subcontract price for F under the agreement with the Plaintiff and F, and the Defendant already paid the price for the goods to F. The Plaintiff supplied the goods to F on August 2019 and September 2019.

Most of the instant goods asserted are “afinite line” used at the beginning of steel reinforced concrete construction works. At the time, the instant construction was completed, and the Plaintiff supplied G with goods to another construction site.