1.The judgment of the first instance shall be modified as follows:

The defendant shall pay to the plaintiff KRW 22,553,300 as well as to the plaintiff on December 2017.

1. Facts of recognition;

A. On November 2017, the Plaintiff was awarded a subcontract for the removal of a factory of the FF Co., Ltd., Ltd., located in Chungcheongnam-nam Budget Group E (hereinafter “instant construction”) and completed the work.

B. Thereafter, D transferred to the Plaintiff the scrap metal 70,700 km (hereinafter “the scrap metal of this case”) generated at the construction site of this case, instead of paying the service cost of KRW 22,00,000 for the said machinery dismantling work (including value added tax).

C. On December 3, 2017, the Defendant carried out the instant scrap metal loaded at the construction site of this case.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap 2-4 and the purport of whole pleading

2. The assertion and judgment

A. On December 3, 2017, the Plaintiff entered into a contract to sell the instant scrap metal to the Defendant on or around December 3, 2017, and accordingly, the Defendant took out the instant scrap metal owned by the Plaintiff that was loaded at the instant construction site, and accordingly, the Defendant asserts that the Plaintiff is liable to pay the Plaintiff the purchase price of the scrap metal 22,553,300 won [=700 x 290 km x 290 x 1.1 (value-added tax)], and the delay damages therefrom.

As to this, the defendant purchased all scrap metal from G (hereinafter "G") at the construction site of this case and paid the scrap metal to G after taking out all scrap metal in accordance therewith, and there was no fact that the sales contract for the scrap metal of this case was concluded between the plaintiff and the plaintiff. Thus, the defendant asserts that there was no obligation to pay the purchase price for scrap metal as claimed by the plaintiff to the plaintiff.

B. (1) According to each of the evidence Nos. 4 and 1 evidence Nos. 4 and 1, the defendant shall purchase from G around November 27, 2017 all scrap metal to be generated at the construction site of this case from G to 290 won/km (excluding value-added tax), and the defendant shall take place at the construction site of this case.