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

A. On August 30, 2016, Defendant A issued an electronic tax invoice of KRW 22 million with the supplier to Defendant A and the supplier to Defendant A as the Plaintiff. On September 2, 2016, the Plaintiff paid KRW 22 million to Defendant A.

B. On June 27, 2016, Defendant B issued an electronic tax invoice of KRW 6.6 million to Defendant B and the recipient as the Plaintiff. On June 30, 2016, the Plaintiff paid KRW 6.6 million to Defendant B.

[Ground of recognition] Facts without dispute, Gap evidence 1 and 2-1 and 2-2, the purport of the whole pleadings

2. The plaintiff's assertion

A. The primary assertion is that the Plaintiff contracted the DD Corporation located in Kim Jong-si (hereinafter “instant construction”), and subcontracted the portion of the relevant construction of reinforced concrete to E on June 21, 2016.

The Plaintiff and E directly paid the price of construction materials and construction equipment to the Plaintiff. Before being supplied with construction materials, the Plaintiff requested the Plaintiff to pay the price of the materials to be used at the construction site of this case. The Plaintiff issued a tax invoice to the Plaintiff with the goods supplier as the Plaintiff.

The Defendants issued a tax invoice with the Plaintiff stating the items of goods to be supplied and the place of delivery upon the request of the Plaintiff. Accordingly, the Defendants did not supply goods at the instant construction site even though the sales contract was concluded between the Plaintiff and the Defendants.

Therefore, since the Plaintiff cancels the sales contract with the Defendants on the grounds of the Defendants’ nonperformance, the Defendants are obligated to pay the Plaintiff the price of goods and the damages for delay.

B. Preliminary assertion is believed to have concluded a sales contract with the Defendants, and the Defendants paid the sales amount. If a sales contract was not concluded, the Plaintiff made a mistake to the Defendants.