1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. The Defendant contracted the construction of a new neighborhood living facility on the land outside C and one parcel in Namyang-si, Namyang-si, and subcontracted the construction of a new communal living facility on September 2015 and October 1, 2015 to the new L&C Construction Co., Ltd (hereinafter “new L&C”).

B. The new L&C supplied construction materials on credit from January 4, 2016 to May 2016 to the Plaintiff, which engaged in wholesale and retail business of steel products with the trade name of “D,” and performed the instant construction work.

C. At the beginning of March 2016, new L&C drafted a written consent for direct non-processing with the purport that “A new L&C supplies all the necessary materials during the construction from January 2016 to the end of 2016 for the implementation of the instant construction.” Of the amount to be paid from the Defendant, the Plaintiff does not raise any objection against the Defendant even if it is directly paid by the Defendant.”

On March 22, 2016, the Defendant, upon receipt of the above direct payment agreement from S&C, drafted a statement of direct payment of the material supply price (hereinafter “instant direct payment commitment”) to the Plaintiff, stating that “The Defendant, at the time of the payment of the subcontract price for the material cost supplied by S&C from the Plaintiff.”

E. On August 23, 2016, the registration of ownership transfer was completed in the name of B, the owner of the new neighborhood living facilities.

【Ground of recognition】 The fact that there has been no dispute, Gap's 1-8, Eul's 8-9, the purport of the whole pleadings

2. The assertion and judgment

A. The gist of the parties’ assertion argues that the Plaintiff does not have a duty to pay the material price to the Plaintiff on the ground that there is no construction cost to be paid to the Plaintiff at the time of the preparation of the above direct payment commitment and the final settlement stage, as the Plaintiff directly sought the amount equivalent to KRW 31,978,024 of the material price supplied by the Plaintiff from the Plaintiff pursuant to the instant direct payment commitment.

(b).