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

Purport of claim and appeal

The first instance court.

A. On February 24, 2014, the Defendant contracted the installation of facilities, such as automatic control devices, pipes, distribution lines, air-conditioning and heating facilities, and pharmaceutical manufacturing facilities, within the Yeonsu-gu Incheon Factory from Samsung Engineering Co., Ltd. (hereinafter “Tsung Engineering”).

B. On June 2014, the Defendant subcontracted the above installation work to 1,094,005,000 won (including value-added tax) to NAB Engineering Co., Ltd. (hereinafter “NB Engineering”).

C. By January 31, 2015, the NAC suspended the construction work under the agreement with the Defendant, and the Defendant completed the said construction work.

[Reasons for Recognition] Facts without dispute, entry of Eul Nos. 12, 13 and 22 (including branch numbers), the purport of the whole pleadings

2. The parties' assertion

A. Plaintiff 1) From December 31, 2014 to January 30, 2015, the Plaintiff is an electric cable equivalent to the sum of KRW 66,718,300 as required for the said installation site to the Defendant during the period from January 30, 2015 (hereinafter “instant electric cable”).

(2) Although the Defendant delivered the instant wire, the Defendant did not receive the price from the Defendant. Even if the contractual relationship between the Plaintiff and the Defendant is not recognized, the Defendant agreed to ratification or pay the price after the delivery contract was made, and thus, is liable to pay the price of the instant wire. (2) Since the Defendant used the instant electric, upon the completion of the said installation work, it was liable to return the price of the instant electric to the Plaintiff as unjust enrichment.

3. The Plaintiff, as a creditor of the UN Vien Engineering, seeks the payment of the construction cost equivalent to the price of the instant electric wires against the Defendant in subrogation of the UN Vien Engineering.

B. The Defendant’s electric wire was not supplied by the Plaintiff to the Defendant, but supplied to the broadband Engineering.

3. Determination

A. The whole pleadings are written in each description of evidence Nos. 5, 6, and 8, and evidence Nos. 5, 6, and 7, asserting that there exists a contractual relationship with the defendant.