1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Plaintiff, a company that sells pipes, materials, and building materials, supplied materials, such as pipes, to the site of the construction of the “C” bath part among the construction of new bathing facilities in Daegu hydro-gu B (hereinafter “instant construction”).

B. D was awarded a subcontract for the instant construction from E, which received the part of the installation of the artificial bath construction for the said bath at the end of February 2010 from C (hereinafter “C”).

C. D paid each of the Defendant KRW 2 million on March 25, 2010, and KRW 15 million on April 13, 2010.

On May 20, 2010, the Defendant entered into a construction contract with C on the condition that the contract amount shall be KRW 270 million in relation to the instant construction project, and that KRW 200 million shall be paid until May 30, 2010, and that the construction contract shall be paid KRW 70 million after the completion of construction.

E. The Defendant paid to the Plaintiff KRW 10 million on May 21, 2010, KRW 10 million on June 11, 2010, KRW 3 million on June 30, 201, and KRW 3 million on September 10, 201, respectively.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, Gap evidence 3, 4, Eul evidence 1, Eul evidence 3, Eul evidence 3, part of witness D's testimony, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff asserted that around February 2010, the Plaintiff supplied D with pipes, oil pipes, and other goods with respect to the instant construction work. Around March 2010, the Defendant, while taking over the instant construction work from D and agreed to take over the Plaintiff’s obligation to purchase goods from D and to receive goods continuously from the Plaintiff, the Plaintiff claimed against the Defendant for the payment of the unpaid amount and damages for delay, out of the total amount of goods for the instant construction work.

B. As to the Defendant’s assertion, the Defendant did not agree to accept the Defendant’s existing obligation against the Plaintiff. On May 20, 2010, the Defendant merely took over the instant construction and is liable only for the subsequent portion of the amount of goods, and the Defendant fully repaid this.