1. The plaintiff's claim of this case is all dismissed.

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

1. The parties' assertion

A. Plaintiff 1) around the construction site, the Plaintiff, who is engaged in the business of supplying construction materials at the construction site, is deemed as the steel and concrete process (hereinafter “each of the instant construction works”) from among the steel and water C construction.

() From July 14, 2015 to April 6, 2016, the Defendant supplied materials equivalent to KRW 61,276,090 to the Defendant, who had been executing a subcontract. KRW 7,520,480, which was supplied on July 2015, the Defendant endorsed as a draft of D, a contractor, and obtained approval, but the Defendant did not receive KRW 53,75,640, which was supplied from September 2015 to April 2016. Accordingly, the Defendant is obligated to pay KRW 53,75,640, which was unpaid to the Plaintiff (However, the Defendant sought payment of KRW 53,755,610 as claimed in the claim).

(2) Preliminaryly, even if the other party to the contract is not the Defendant, the Defendant was in the position of the Defendant and had the Defendant perform each of the instant construction works. Accordingly, the Plaintiff provided the materials at the construction site of this case by misunderstanding the other party to the transaction as the Defendant.

Therefore, the defendant is liable for the name lender.

3) Even if E is a person awarded a subcontract for the steel bars among each of the instant construction works from the Defendant, the Defendant is a construction machinery rental business operator and a person who manufactures and supplies parts for the ditch construction works (hereinafter referred to as “production and supplier” in this paragraph) under Articles 32(4), 35(2) of the Framework Act on the Construction Industry (Article 32 of the Framework Act on the Construction Industry).

Articles 34(1) and 35 (Article 35 (2) 6 for a construction machinery rental business operator, and Article 35 (2) 5 and 6 for a manufacturer, supplier, etc. shall be excluded in relation to the payment of the price.

The provisions of this Act shall apply mutatis mutandis.

In such cases, "project owner" shall be deemed "project owner or contractor", "contractor" shall be deemed "contractor or subcontractor", and "subcontractor" shall be deemed "construction machinery rental business operator" or "construction machinery rental business operator."