1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. The plaintiff is a person who operates construction machinery rental business.

B. On December 15, 2017, the Defendant was awarded a contract with Nonparty C for part of the Busan Coastal E Corporation located in Busan District, and concluded an agreement on payment (hereinafter “instant agreement”) with G, a business operator registered as a business operator of F, regarding the foregoing construction works (hereinafter “instant construction works”).

Article 2 of the above Agreement provides for the following:

Article 2 (Payment and Adjustment of Price) (1) The defendant shall deposit the price to be paid to F in the F's deposit account.

(2) Money deposited under paragraph (1) shall be deemed to have been paid to F, and shall be substituted by data on the Internet transactions in commercial banks or by the details of passbook transactions.

(3) With respect to the expenses (such as equipment costs, material costs, food costs, repair costs, etc.; hereinafter referred to as "equipment costs, etc.") incurred by the purchase by F with payment responsibility of the defendant, the defendant shall first deduct the expenses to be paid to F, and pay them to the relevant customer.

(4) The defendant shall provide F with oil necessary for work and preferentially deduct F from the construction cost that the defendant shall pay to F.

(5) If a problem arises because F does not pay the “equipment replacement, etc.” purchased by F without payment liability by the Defendant to the Customer, the Defendant may first deduct the F from the price to be paid to F in consultation with F, and pay it to the Customer.

(6) Where the defendant has increased or decreased the price due to a design change, etc., F shall adjust the price in proportion to the items, quantity, and proportion adjusted by the defendant.

C. At the request of H, the Plaintiff, the actual operator of F, put into the construction site of this case from January 3, 2018 to March 20, 2018.

The Plaintiff is the Plaintiff, the Defendant, the supply price of the Plaintiff, the supply price of KRW 60 million, the tax amount of KRW 6 million, and the date of preparation on April 2018.