A. On January 23, 2014, the Scco Engineering Co., Ltd. (hereinafter “Scco”) awarded a subcontract to Defendant C (hereinafter “Defendant Company”) for the metal construction work among the construction work of secondary factory construction work of the Category E of the D block in Jincheon-gun, Jincheon-gun, Chungcheongnam-gun, (hereinafter “instant construction work”). On February 10, 2014, the Defendant Company provided a sub-subcontract with the Defendant Company at KRW 280,492,452.

B. Around February 2014, the Plaintiff entered into a contract with Defendant B on the supply of materials with regard to Switzerland, fire prevention and aluminium air conditioners (hereinafter “instant contract”), supplied materials of KRW 127.6 million (including value-added tax) and additionally supplied materials of KRW 75,983,930 in total.

C. On June 26, 2014, Defendant Company delivered to the Plaintiff a bill of exchange with a face value of KRW 50 million for the payment of material costs, and the Plaintiff received the said bill.

[Ground of recognition] between the plaintiff and the defendant Eul: Gap evidence Nos. 1, 3, 8, Eul evidence Nos. 1, 1 and 3 (including each number), witness F's testimony, the purport of the whole pleadings, and between the plaintiff and the defendant company: The non-contentious facts, Gap evidence Nos. 1, 3, 8, Eul evidence Nos. 1, 1 and 3 (including each number), witness F's testimony, and the purport of the whole pleadings

2. According to the above facts as to the claim against Defendant B, Defendant B is obligated to pay to the Plaintiff the remaining material cost of KRW 153,583,930 (= KRW 75,983,930,000 KRW 127.6 million - KRW 50 million - KRW 50 million) and damages for delay after the material delivery date.

3. As to the claim against Defendant C

A. As to the assertion of contractual liability, the Plaintiff was the head of the Defendant Company’s site on the instant construction work, and the Defendant Company bears the contractual liability for the act performed by Defendant B as a commercial employee with a partial comprehensive power of attorney, and is liable for the contractual liability as the nominal lender or user. Therefore, the Plaintiff is obligated to pay the material price to the Plaintiff.