1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. On October 18, 2012, the Defendant issued a contract with C Co., Ltd. (hereinafter “C”) for the construction of “E hotel” (hereinafter “E hotel”) on the D ground of Incheon Southern-gu, Incheon, for the construction cost of KRW 8,187,080,00, and for the construction period from December 10, 2012 to November 30, 2013.

C The construction team leader H was appointed as the site manager in the process of executing the instant construction project by giving a subcontract for each part of the instant construction project to many subcontractors, including F and G.

B. From December 2012, the Plaintiff supplied C with various construction materials necessary for the instant construction work.

C. C has failed to pay the subcontractor the subcontract construction cost properly due to the aggravation of financial standing from the mid-term police officer on March 2014.

Accordingly, since April 2014, subcontractors suspended construction and exercised their lien on the hotel of this case. D.

From September 2014, the Defendant paid part of the subcontract construction cost that C had not been paid to subcontractors. At that time, subcontractors resumed the instant construction work and completed the instant hotel around January 2015.

E. The outstanding amount for the material price for which the Plaintiff had not supplied C with the construction material was KRW 93,789,880 in total around August 2014 [=18,789,880 in direct management materials = KRW 114,166,580 (= KRW 4,623,300 in direct management materials) - Payment KRW 25,00,000 in total.

The Plaintiff supplied construction materials equivalent to KRW 7,134,820 (i.e., KRW 2,647,150 for October, 2010, KRW 4,241,270 for December 24, 2012) to the instant construction site from October 2014 to December 2014, which was the date of resumption of the instant construction project (i.e., KRW 46,400 for December).

Around November 12, 2014, the Defendant paid to the Plaintiff the total of KRW 7,134,820 won, including KRW 2,647,150, and KRW 4,487,670, around January 12, 2015.

F. C was unable to pay benefits to H due to business difficulties. However, the Defendant’s payment to H around September 2014.