1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On April 2015, the Defendant was performing the instant construction by concluding a contract with A for the construction of a new construction of a building for the Daegu-gu Ga-gu Ga-gu C ground cartel (hereinafter “instant construction”). However, the instant construction was suspended on June 2015, as disputes arise due to the use of the domestic steel bars instead of domestic steel bars and the issue of payment of progress payment.

B. On September 22, 2015, as the settlement of construction cost related to the instant construction project between the Defendant and the Defendant was not completed, A filed a lawsuit seeking confirmation of the existence of the obligation related to the construction cost of the instant construction project against the Defendant.

Daegu District Court 2015Kadan120755) c.

At the time of carrying out the instant construction, the Defendant purchased the steel bars to be used in the instant construction, and loaded the Chinese steel bars on the site adjacent to the instant construction site, and the Korean steel bars 54 tons loaded on the road side abutting on the south convenience of the instant construction site.

(2) On November 2, 2015, the Defendant sold the instant steel bars in KRW 34,452,00 to the Plaintiff on November 2, 2015, and received the payment for the said steel bars from the Plaintiff.

However, even after the purchase of the instant steel bars, the Plaintiff did not transfer the instant steel bars to its original loading place. D.

On the other hand, A and the Defendant agreed to settle the accounts of Section A on March 10, 2016 with regard to the instant construction works, and to set the total amounts of raw materials brought into the construction site at the time of the said agreement and the construction site at the construction site at the site of the instant construction site at KRW 3.60 million (excluding value-added tax).

E. A, after the settlement of the construction cost with the Defendant, had D Company carry out the instant construction work on the contract basis. Since March 12, 2016, A had D Company put the instant steel bars into use for performing the instant construction work.

[Ground of recognition] without any dispute, Gap evidence No. 1, Gap, or 1.