물품대금
1. The defendant's appeal is dismissed.
2. The costs of appeal are assessed against the defendant.
Purport of claim and appeal
1..
1. Determination on the cause of the claim
A. The Defendant: (a) employed and carried out the interior works of the first and second floors C Commercial Building Co., Ltd. (hereinafter “the instant building”); (b) purchased materials and carried out construction works by the Defendant himself by means of granting the Defendant or another person’s credit card, allowing him to settle the price of materials; and (c) let the Defendant purchase materials and pay the price of the materials.
B. From May 31, 2017 to August 4, 2017, the Plaintiff supplied various construction materials at the aforementioned construction site, but did not receive 2,012,650 won.
[Ground of recognition: Evidence Nos. 1 through 5, and testimony of witness D of the party concerned] According to the above facts of recognition, the defendant is obligated to pay to the plaintiff 2,012,650 won of material price and 6% of the annual amount under the Commercial Act from August 5, 2017 to January 21, 2019, the delivery date of a copy of the complaint of this case, and 12% of the annual amount under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the following day to the date of full payment.
2. The defendant's assertion asserts that the defendant is a transaction between the plaintiff and D, and the defendant is unrelated to the plaintiff.
The following facts are acknowledged in full view of the evidence No. 4, evidence No. 6, and the testimony of a trial witness D: Provided, That the following facts are acknowledged in full view of the purport of the whole pleadings.
A. The Defendant’s omission E requested D to undertake remodeling works on the third floor of the instant building, and D completed the construction by March 8, 2017 using materials supplied by E in return for daily allowances.
B. The Defendant also requested D to remodel the 1 and 2nd floor of the building under the aforementioned conditions, and the Defendant directly paid the material cost to the Plaintiff (specificly, the Defendant had D purchase by granting credit cards, etc.), and D received daily allowances from the Defendant and continued the construction.
D performed the construction from April 13, 2017 to July 5, 2017.
(Plaintiff supplied construction materials to the site on July 5, 2017). According to the above facts of recognition, the Defendant is the Plaintiff.