1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On May 13, 2016, the Defendant obtained a construction permit for a complex-type multi-family housing 48 households (hereinafter “instant multi-family housing”) on the ground of Seopo-si C (hereinafter “instant land”) from Seopo-si, Seopo-si, Seopo-si (hereinafter “instant land”).

B. On July 25, 2016, the Plaintiff entered into a contract with the Defendant to supply and install a total of KRW 215,900,000 (excluding value-added tax) with respect to the instant multi-family housing in the pertinent housing system.

C. Meanwhile, around June 1, 2016, the Defendant entered into a contract for new construction of the instant apartment house (hereinafter “instant model house”) with D Co., Ltd. (hereinafter “D”) by setting the contract period from June 1, 2016 to August 30, 2016, and the construction cost of KRW 660,000,000 (excluding value-added tax).

On August 10, 2016, the Defendant entrusted the instant land with E Co., Ltd. (hereinafter “E”) and entered into a sale-type land trust agreement with E, a trustee, to newly construct and sell the instant collective housing with respect to the said land.

In addition, the defendant entered into a succession contract between E and D on the 29th day of the same month to transfer the status of the party to the model house construction contract of this case as stated in the preceding paragraph to E.

[Reasons for Recognition] Unsatisfy, Gap evidence 2, Eul evidence 1 to 6 (including paper numbers), the purport of the whole pleadings

2. Judgment on the plaintiff's claim

A. The gist of the assertion was that the Plaintiff entered into a contract to supply and install the system with the Defendant with respect to the instant multi-family housing, and agreed to install and lease the system with respect to the instant model housing.

However, the Defendant did not pay a total of 51,436,695 won to the system in the instant model house.

Therefore, the defendant's above 51,436,695 won and damages for delay shall be paid to the plaintiff.