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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. On August 2, 2016, the Defendant contracted the construction of new apartment in Gwangju City with C Co., Ltd. (hereinafter “E”), and subcontracted to E Co., Ltd. (hereinafter “E”), for the foregoing new construction work, tidal work, straws, scams, scams, scams, scams, and cams (1 tools) in KRW 3,594,873,50.
B. E, after the conclusion of the said subcontract, renounced the remaining construction works among the above subcontracted projects on August 3, 2017, due to the difficulty of construction due to the financial difficulties due to the completion of the construction works, etc.
C. From January 2017, the Plaintiff supplied building materials, such as heat heat, to E. The Plaintiff prepared a claim registration statement stating that the unpaid material price by June 30, 2017 was KRW 115,133,131 and submitted it to the Defendant.
[Ground of recognition] Facts without dispute, Gap evidence 2, Eul evidence 1 and 9 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings
2. Determination on the cause of the claim
A. The Plaintiff asserted that the Plaintiff attempted to suspend the supply of materials because it did not properly pay the construction materials, such as short heat, while supplying them to E. However, the Defendant agreed to pay the Plaintiff the purchase price of materials directly from March 2017 and continued to supply the materials to E by June 2017. The Defendant received KRW 18,00,000, which is part of the purchase price of the materials, from the Defendant.
Therefore, the defendant is liable to pay to the plaintiff the remaining material price of KRW 97,133,131 and damages for delay.
B. According to the written statements in Gap evidence Nos. 1 and 2, and witness F’s testimony, Eul prepared a statement of direct refusal to the effect that “E shall agree to the payment of the construction cost to be paid by the defendant to the on-site creditors, including labor workers, directly by the defendant,” on three occasions on July 26, 2017, and the plaintiff failed to receive KRW 115,13,131 as material price until June 30, 2017, and thus, it would cause the plaintiff to pay the said material price directly to the plaintiff.”