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, as the original contractor of the construction work in the Dongducheon-si B located in the Dongducheon-si, subcontracted the reinforced concrete construction work to a building and construction company (hereinafter “building and construction company”).

B. Upon request for dry construction, the Plaintiff supplied construction materials worth KRW 65,004,150 in total from August 2012 to June 2013, 2013 at the construction site. The Plaintiff paid KRW 23,090,000 in total until March 12, 2013.

C. Since then, the Defendant directly paid to the Plaintiff KRW 7,00,000 on April 15, 2013, and KRW 13,408,740 on June 17, 2013, out of the prepaid amount to be paid for dry Construction upon receiving a direct payment request for dry Construction.

On July 15, 2013, the Doyang Construction submitted to the defendant a letter of waiver of construction to the effect that it is impossible to perform construction works any longer, and that there is no additional payment for the completion from the defendant.

E. Even after the Plaintiff’s request, until November 2013, 2013, the construction materials were continuously supplied to the Plaintiff at the instant construction site. The Defendant paid to the Plaintiff the construction materials supplied by the Plaintiff after the dry Construction Section.

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 2-1, Eul evidence 1, Eul evidence 2-2, Eul evidence 1, 2 and 5, witness D's testimony, witness E's partial testimony, and the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The plaintiff agreed to directly pay the price of construction materials that the plaintiff supplies to the plaintiff for dry Construction as the defendant did not pay the price of construction materials at the time of dry Construction. The defendant asserts that the plaintiff is obligated to pay the price of construction materials to the plaintiff for dry Construction twice in accordance with the above agreement.

(b) The testimony of Gap, Gap evidence 1, Gap evidence 2-1 to 6, or witness E is alone.