1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On November 27, 2014, the Dae-Prevention T&C Co., Ltd. (hereinafter “Defendant Company”) entered into a contract for the supply of materials equivalent to the contract amounting to KRW 105,600,000 (including value-added tax) with D who operates C, with respect to the supply and installation of import agency materials among the outdoor swimming pool of the E hotel and the duty-free shop-free shop-based outdoor swimming pool.

B. Upon D’s request on December 16, 2014, the Plaintiff supplied a total of KRW 1,930,000 for building materials, such as cement, at the aforementioned construction site.

C. Since then, the Plaintiff supplied a total of KRW 6,640,000 for four further materials at the construction site as follows.

- KRW 2,735,00 on December 29, 2014; KRW 805,00 on January 8, 2015; KRW 590,000 on January 12, 2015; and KRW 590,00 on January 13, 2015; KRW 2,510,00 on January 13, 2015;

D. On August 30, 2017, in the instant lawsuit, the Defendant Company rendered a decision to commence rehabilitation procedures with respect to the Defendant Company as Seoul Rehabilitation Court 2017 Gohap100133, and around that time, the Defendant was appointed as the custodian.

On September 2017, the Plaintiff reported the amount of KRW 6,640,00 as rehabilitation claims and damages for delay corresponding thereto, and the administrator denied the full amount of the said amount.

E. Meanwhile, in the above construction contract with D, the Defendant Company filed a lawsuit against D seeking an amount equivalent to KRW 110,550,000 (Seoul Central District Court 2016Da508688) in excess of KRW 29,842,90 (Seoul Central District Court 2016Da508688), and the Seoul Central District Court rendered a favorable judgment against the Plaintiff on August 23, 2016, and the said judgment became final and conclusive around that time.

[Reasons for Recognition] Unsatisfy, Gap evidence 2, 4, 9, 10, Eul evidence 1 and 7

2. Summary of the Plaintiff’s claim and its judgment

A. The gist of the claim is that the Plaintiff supplied the amount equivalent to KRW 1,930,00 for building materials, such as cement, at the first construction site at D’s request, but failed to receive the price for the goods from D, and the F.C. employees of the Defendant company continued to supply the goods.