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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. On November 2014, the Plaintiff’s summary of the Plaintiff’s assertion supplied the Defendant, who is the owner of the instant building (hereinafter referred to as “instant building”), for the supply of cement and other materials equivalent to KRW 45,430,000, and sought payment of the purchase price.
2. According to the reasoning of Gap evidence No. 1, witness D's testimony, and the whole pleadings as to the cause of the claim, the plaintiff supplied materials to the new construction of the building of this case, and the fact that the plaintiff issued a tax invoice in the future of the defendant is recognized.
However, the following circumstances, which are acknowledged by Eul evidence Nos. 1 through 3 (including paper numbers), witness D’s testimony, and the purport of the entire pleadings, the defendant entered into a construction contract with D on June 10, 2014 for the new construction of the building of this case with the construction period from June 23, 2014 to September 5, 2014, with the construction period of 143,00,000 won (excluding value-added tax). D has traded with the plaintiff before performing the new construction of the building of this case. Since it requested the plaintiff to supply the above materials, D directly confirms the quantity, the defendant cannot be found to have paid 40,000 won to D’s witness or 40,000 won as the total price for the construction of the building of this case, and the defendant cannot be found to have paid 163,005,000 won as the price for the construction of the building of this case to D’s 14,014.
3. The plaintiff's claim for conclusion is dismissed for reasons.