1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Plaintiff supplied the materials necessary for waterworks construction among the Guro-gu Seoul Metropolitan Government A development project, which was subcontracted by the Defendant to the Non-Party Han Industrial Development Co., Ltd. (hereinafter referred to as the “Ba-Tech Industry”).

B. From March 24, 2011 to December 22, 2011, the Plaintiff supplied bio-industry with materials equivalent to KRW 285,722,610, and materials equivalent to KRW 44,042,480 from April 26, 201 to August 8, 2012.

C. The bio-industry paid to the Plaintiff each material cost of KRW 20 million on September 26, 201, KRW 40 million on November 24 of the same year, and KRW 100 million on January 2, 2012.

As such, the Plaintiff did not continue to pay the remainder of 165,765,090 won for the material price to the Plaintiff, and the Plaintiff discontinued the supply of the material. On August 23, 2012, the Defendant, the original contractor of the Corporation, paid KRW 9.2 million out of the remainder of the material price supplied to the Plaintiff during the period from March 24, 2011 to August 8, 2012, and thereafter, the Plaintiff agreed to pay directly the material price to the Plaintiff (hereinafter “instant direct payment agreement”), and thereafter, the Plaintiff resumed the supply of the material at that time.

E. After that, the Plaintiff supplied materials to the construction site from August 23, 2012 to June 25, 2014, and the Defendant directly paid the Plaintiff the full amount of the materials amount corresponding to the materials supplied from August 23, 2012 to June 25, 2014.

[Ground of recognition] Facts without dispute, evidence No. 1 (the same as evidence No. 12), the whole purport of the pleading

2. The parties' assertion

A. On August 23, 2012, at the time of the conclusion of the instant direct payment agreement, the Plaintiff agreed to pay to the Plaintiff all the remainder of KRW 168,079,676 of the purchase price of materials supplied by the Plaintiff to the Bio-industry. The Plaintiff asserted that the Plaintiff is liable to pay the remainder of KRW 68,879,676 as it paid only KRW 99.2 million.

B. As to the Defendant’s assertion, the Defendant is out of the material price for which the lower industry was not paid at the time of the instant direct payment agreement.