1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. On September 26, 2013, the Plaintiff entered into a contract with the Defendant for the lease of three temporary materials at the construction site, such as the construction of the construction site in Jung-gu Incheon, Jung-gu, Jung-gu, Incheon (hereinafter “instant construction”). On that date, the Plaintiff, the Defendant, and the Dae-gu entered into an agreement with the Defendant to directly pay KRW 50,000,000, out of the Plaintiff’s liability for the temporary materials at the construction site of the instant construction site against the Plaintiff (hereinafter “the instant temporary materials liability”).

(hereinafter “instant direct payment agreement”). B.

On May 28, 2014, the Defendant prepared and delivered to the Plaintiff a written confirmation confirming that the instant direct payment agreement ought to be paid by August 14, 2014. On July 30, 2014, the Plaintiff sent the notice to the Defendant requesting payment of the amount as agreed above by content-certified mail, and the said notice sent the notice to the Defendant on August 1, 2014.

C. On March 5, 2015, the Defendant deposited KRW 138,045,814 as the Seoul Eastern District Court (Seoul Eastern District Court 2015 No. 759) with a depositee as the Plaintiff and the Plaintiff. The reason for the deposit is that “after receiving the notice of content-proof mail from the Plaintiff on August 1, 2014 after the instant direct payment agreement, the Defendant received a provisional claim from a third party regarding the claim for the construction payment against the Defendant for the name-building business, and received a provisional attachment order, seizure order, seizure and collection order, and thus, the Defendant deposited and executed the remainder of the construction work for the name-building business.”

【Fact-finding without a dispute over the basis of recognition, Gap evidence 1 through 4 (including evidence attached with a provisional number; hereinafter the same shall apply), Eul evidence 3 and 4, the purport of the whole pleadings

2. Determination

A. First, the Plaintiff’s instant non-performance agreement is the Defendant.