1. The plaintiff's claim is dismissed.

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

1. The parties' assertion

A. The Plaintiff asserted that the Defendant sold ready-mixeds equivalent to KRW 178,344,00 from March 7, 2013 to November 8, 2013. The Defendant did not pay KRW 28,34,000 out of the above price.

Therefore, the defendant is obligated to pay to the plaintiff 28,344,00 won for ready-mixed and delay damages.

B. The Defendant’s assertion, the Defendant, and the owner of the instant building C, around March 4, 2014, settled the Plaintiff’s unpaid ready-mixed amount at KRW 20,00,000, and C paid directly to the Defendant.

Therefore, the defendant is not obliged to pay the above ready-mixed price to the plaintiff.

2. Comprehensively taking account of the purport of the written evidence No. 1 in the judgment of the court below, it is reasonable to conclude that, around March 4, 2014, the owner C, the plaintiff, and the defendant of the building of this case settled the price of the unpaid ready-mixed at KRW 20,00,000 among the plaintiff around March 4, 2014, and C directly pays the above ready-mixed price to the defendant, and that, as soon as the building of this case is sold and purchased, the plaintiff agreed to pay the above ready-mixed price to the defendant. Accordingly, it is reasonable to deem that the plaintiff given up

(3) The plaintiff's claim is dismissed on the ground that there is no specific objection against the defendant's above assertion. Therefore, the plaintiff's claim is dismissed. It is so decided as per Disposition.