1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. A. New Co., Ltd. (hereinafter “New Co., Ltd.”) received a supply of the instant construction work for factory construction on the ground B located in Busan District (hereinafter “instant construction”) from CmmH (hereinafter “New Co., Ltd.”), and subcontracted the instant construction work to the Reinforcement Construction Co., Ltd. (hereinafter “Reinforcement Construction”) on August 23, 2012, and waived the construction work on November 2012.

B. On December 7, 2012, the Defendant, etc., who received sewage supply from the reinforcement construction, concluded a construction agreement with the new consular official under which “the Defendant, etc. will complete the structural construction abandoned by the reinforcement construction, but the new consular official would pay labor cost out of the contract amount of KRW 470,434,800 on a preferential basis, and the remaining amount would be paid as equipment and material cost,” and completed the structural construction around January 22, 2013.

C. The Defendant supplied ready-mixed 46,702,260 won and KRW 11,080,520 from the Plaintiff on December 2012, 201, and used it for framework construction with KRW 11,080,520 on January 1, 2013, and was supplied with KRW 193,710 on May 17, 2013, and used it for partial repair construction. The Plaintiff received full payment from new-mixed public officials.

Meanwhile, on April 13, 2013, the Plaintiff supplied 384 square meters of ready-mixed (25-18-12) and 3 square meters of ready-mixed (25-21-8) on April 17, 2013 at the construction site of the instant construction site.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1, 2, 4 through 7, the purport of the whole pleadings

2. The Plaintiff asserted that the Defendant ordered ready-mixed on April 13, 2013 and April 17, 2013 and used it to build concrete for the instant construction project. However, each of the descriptions in subparagraphs 5 and 6-1 is insufficient to recognize it, and there is no other evidence to acknowledge it, the above assertion is without merit.

Rather, if the evidence mentioned above is added to the evidence No. 3-1 and No. 2, the entire purport of the argument is added, C is under the name of the Geum-gu Co., Ltd. on February 28, 2013.