1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Plaintiff is a company that manufactures and sells ready-mixed, aggregate, and cement products, and the Defendant is the owner of the building works of Daejeon Pungdong-gu B Urban Living Housing (C) (hereinafter “instant construction works”), and D Co., Ltd. (hereinafter “D”) is the contractor that entered into a contract with the Defendant for the instant construction works.

B. On January 26, 2015, at the request of D, the Plaintiff began to supply ready-mixed at the construction site of the instant construction site from that time. On February 2, 2015, D and the Defendant drafted the following orders.

On-site name: On-site name of the owner of the instant construction site: The term of cash supply 90 days after the end of each month: The orderer from January 26, 2015: the defendant;

C. From January 26, 2015 to December 4, 2015, the Plaintiff supplied ready-mixeds totaling KRW 295,734,560 to the instant construction site. From December 3, 2015, the Plaintiff handled KRW 129,394,710 out of KRW 150,000,000 deposited in the Plaintiff’s account, and KRW 139,394,710 as of December 31, 2015 as to the instant construction site.

[Reasons for Recognition] Each entry of Gap 1 or 4 (including each number), the purport of the whole pleadings

2. Plaintiff’s claim for the price of ready-mixeds at the construction site of this case;

A. The parties' assertion (1) The outstanding amount at the construction site of this case against the plaintiff who jointly and severally guaranteed by the defendant of the plaintiff is KRW 156,339,850 (295,734,560 - 139,394,710). Thus, the defendant is obligated to pay the above amount to the plaintiff.

(2) As Defendant D paid to the Plaintiff totaling KRW 257,00,000 as an outstanding amount on the instant construction site from June 30, 2015 to August 1, 2016, Defendant D paid to the Plaintiff as an outstanding amount on the instant construction site, most outstanding amounts on the instant construction site were repaid.

B. (1) According to the evidence evidence No. 5, D: (a) 15,00,000 won in the Plaintiff’s account on June 30, 2015; (b) 22,00,000,000 won on July 31, 2015; (c) 15,000,000 won on October 13, 2015; and (d) 150,000,000 won on December 3, 2015; and (e) 10,000 won on December 31, 2015; and (e) 10,000 won on December 31, 205.