물품대금
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. The Plaintiff’s assertion entered into a contract on the supply of construction materials between the Defendant and the Defendant, and transferred KRW 22,00,000 (including value-added tax) to the Defendant’s account on December 31, 2012, but the Defendant did not supply the construction materials agreed to be supplied as above to the Plaintiff.
Therefore, the Plaintiff cancels the above construction materials supply contract due to the Defendant’s default, and claims the return of KRW 22,00,000,000, which the Plaintiff paid to the Defendant as a result of termination of the contract.
2. As to whether the Plaintiff entered into a contract with the Defendant to be supplied with construction materials, it is difficult to believe that part of the testimony by the witness B of the trial party corresponding thereto is ambiguous, and it is insufficient to recognize the remainder of the statements in subparagraphs 1 through 4 alone, and there is no other evidence to acknowledge it.
(M) In full view of the description of No. 2 and the purport of the entire pleadings with respect to witness B of the trial party, it is sufficient to view that C, who was subcontracted to the construction work by the Plaintiff, entered into a contract with the Defendant to be supplied with construction materials, and the Plaintiff directly remitted the above construction material price to the Defendant under the pretext of partial payment of the subcontract price for C. Therefore, the Plaintiff’s assertion is
3. As such, the plaintiff's claim shall be dismissed as it is without merit. The judgment of the court of first instance is just in its conclusion, and the plaintiff's appeal is dismissed. It is so decided as per Disposition.