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

Purport of claim and appeal

The first instance court.

A. On November 201, 201, the Defendant: (a) subcontracted the instant construction project from the Hanyang-gun Construction Co., Ltd. (hereinafter “instant construction project”); (b) and (c) handed over the construction project from the Hanyang-gun Construction Co., Ltd. (hereinafter “instant construction project”); and (d) deposited the instant construction project with C running D (one-person E) around February 2012.

(In relation to the relationship between the defendant and C, there is a dispute between the plaintiff and the defendant as seen in paragraph (2) below.

From February 2012 to April 2012, the Plaintiff supplied 35,490,180 won (including value-added tax for February 9,802,265, 22,623,590 won for March, and 3, 3,064,325 won for April) including value-added tax (hereinafter “instant goods”).

C. The Plaintiff issued a tax invoice with respect to the miscellaneous materials supplied to the Defendant on February 2, 2012, and the Defendant treated KRW 9,802,265 to be directly paid to the Plaintiff from Hanyang Construction Co., Ltd.

At the time of the supply of the instant goods, the Director at the Construction Site was F, a defendant’s employee.

[Ground of recognition] Facts without dispute, entry of Gap evidence 3, partial testimony of party witness C, purpose of whole pleadings

2. The parties' assertion

A. The plaintiff 1) C, as a participant in the execution of the instant construction, was entrusted with the execution of the instant construction on condition that the defendant would pay the price of the materials necessary for the execution to the supplier. Accordingly, if F would pay the price to the plaintiff, the defendant would request the delivery of the goods and supply the goods of this case (main assertion). 2) Even if not, the defendant would be liable under Article 24 of the Commercial Act as a person who allowed C to use his name, and is also liable as a guarantor.

(P) Therefore, the Defendant is obligated to pay to the Plaintiff KRW 25,687,915 ( KRW 35,490,180 - KRW 9,802,265), which is equivalent to the remainder of the instant product. (B) Defendant C is the re-subcontractor of the Alley Corporation during the instant construction, and the Plaintiff is the goods of this case.