1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. On May 2013, the Defendant, as the owner of Gangnam-si B and C, awarded a contract for the construction of a multi-household (urban-type residential housing) construction (hereinafter “instant construction”) on the said land to the Busan Construction Co., Ltd. (hereinafter “Seoul Construction”) at around KRW 1,487,50,000 of the construction cost (excluding value-added tax).

B. On May 24, 2013, Samsan Construction agreed that D shall assume the responsibility for the instant construction, with the construction cost of KRW 1,180,000 (excluding value-added tax) as the construction cost of KRW 1,180,000.

(hereinafter “instant construction contract”). C.

On May 23, 2013, the defendant, around that time, agreed that the owner of the building (the defendant) may directly receive the pre-paid volume of steel brought into Korea in relation to the pre-construction of the said construction if the re-construction would be prevented from paying the pre-paid volume. The defendant prepared a written statement of non-statement of the pre-paid volume to be paid by the bank.

On the other hand, Samsan Construction terminated the construction contract of this case on June 18, 2013 on the ground that the construction of this case was delayed without commencement of the construction work of this case, and directly progress the construction of this case.

[Reasons for Recognition: Evidence No. 2, 8, Evidence No. 3, Evidence No. 4-1 through 5, Evidence No. 5-11, and the purport of the whole pleadings]

2. Determination

A. The Plaintiff asserted that the Plaintiff supplied each of the steel bars equivalent to KRW 19,760,00 on May 25, 2013 at the instant construction site, and KRW 20,520,00 on June 13, 2013.

On June 13, 2013, the Plaintiff paid KRW 20,000,000 to D’s Asia, and accepted the steel bars at the construction site of this case.

Samsan Construction Co., Ltd. prepared a certificate (Evidence 1) stating that the Plaintiff will be paid KRW 65,00,000 to the remainder of the structural construction cost, and the Defendant prepared a statement of direct payment (Evidence 2) with respect to the steel bars during the structural construction.

The Plaintiff supplied steel bars at the construction site of this case but did not receive steel bars from Samsan Construction.