The defendant shall pay to the plaintiff 141,117,075 won and 12% per annum from May 7, 2020 to the day of complete payment.

1. Basic facts

A. C Co., Ltd. (hereinafter “C”) is an executor of the instant construction work for officetels (hereinafter “instant construction work”) in progress on the ground of Seo-gu Incheon Metropolitan Government D (hereinafter “instant land”), and the Defendant is the contractor of the said construction work for earth and sand and soil mounds.

B. From October 4, 2019 to October 10, 2019, the Plaintiff supplied materials, such as 141,117,075 won (including value added tax) at the construction site of the instant construction site, including the sn beam beamline, and the steel bars of broken power.

[Ground for recognition] Unsatisfy, Gap evidence No. 6, the purport of the whole pleadings

2. The parties' assertion

A. At the Defendant’s request on October 2019, Plaintiff 141,117,075 won is claimed as the payment of the 141,117,075 won, since the snive beamline materials are supplied to the construction site of the instant case.

B. Since the Plaintiff, not the Defendant, entered into a contract with a private person C Co., Ltd. and supplied materials, the Defendant is not obligated to pay the materials to the Plaintiff.

3. In full view of the overall purport of arguments in Gap evidence Nos. 2 through 7, 9, 10, Eul evidence Nos. 1 and 2, Eul evidence Nos. 1 and 2, and witness E’s testimony, the defendant prepared a request for materials necessary for the instant construction project on September 30, 2019, and the defendant’s director F sent it to the plaintiff’s employee, and notified the address of the instant construction site. The defendant’s receipt certificate for the materials that the plaintiff enters the construction site of this case includes the defendant’s trade name, G who is the defendant’s employee, signed it, and entered the defendant’s employees’ letter that the defendant’s employees and knifties were the president and kniff of the E-type lecture, the defendant filed a lien including the material price received from the plaintiff in the public sale procedure for the instant land on March 13, 2020 including the material price paid by the plaintiff in accordance with the lien No. 1715 in the public sale procedure.