1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

1. Basic facts

A. The Plaintiff was awarded a subcontract for reinforced concrete construction works among the above construction works by a school forest construction corporation that received a contract for “City/Do Road C Road Packaging Construction” that ordered the Gyeonggi-do Dried Market Construction.

B. On March 19, 2014, the Plaintiff, while carrying out the said construction, concluded a letter of undertaking for construction of reinforced concrete construction (a structure) with respect to the said construction (hereinafter “instant construction”) (hereinafter “instant construction”) from November 1, 2013 to April 28, 2016; (b) the amount of undertaking: KRW 2.95 million; and the terms and conditions of payment: the terms and conditions of the terms and conditions of direct payment: the terms and conditions of delegation (efficiency) under the direct management of the Plaintiff.

(hereinafter referred to as “instant undertaking”). C.

The Defendant supplied construction materials at the construction site of this case from March 25, 2014 upon the request of the above A. At the time, the Defendant issued transaction specifications, tax invoices, etc. with the supplier as the Plaintiff, and A sent the material order to the Defendant under the Plaintiff’s name.

On April 24, 2014, the Plaintiff paid 34,779,800 won to the Defendant as advance payment for materials to be supplied by the Defendant at the request of the said A, and the Defendant did not supply the materials corresponding thereto thereafter at the construction site of this case.

Meanwhile, on June 13, 2014 at the request of the above A, the Plaintiff paid KRW 11,550,000 to the Defendant as the material price for March 2014 (materials supplied from March 25, 2014 to March 31, 2014).

[Reasons for Recognition] Unsatisfy, Gap evidence 1 through 4, 6, 7 evidence, Eul evidence 5 (including provisional number, hereinafter the same shall apply), Gap witness B's testimony and the purport of whole pleadings

2. As seen earlier, even though the Plaintiff paid KRW 34,779,80 to the Defendant as advance payment, the Defendant did not supply construction materials to the Plaintiff. Thus, barring any special circumstance, the Defendant issued a copy of the instant complaint to the Plaintiff, as sought by the Plaintiff, on January 2, 2015, pursuant to the Plaintiff’s request.