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. Upon receiving the Defendant’s request from May 2016 to October 1, 2016, the Plaintiff supplied ready-mixeds equivalent to KRW 27,441,120 (including value-added tax) at the construction site of the tourist farm access road in the Jeju-si from May 1, 2016, and at the construction site of agricultural drainage (hereinafter “the construction site of this case”).

B. The Plaintiff issued a tax invoice with the Defendant as the recipient, and the “mutual name” column of the sales ledger prepared by the Plaintiff (the On-the-spot balance sheet by transactional location, A No. 2) includes the Defendant’s trade name, and the “resident” column includes the Defendant’s corporate name address. The Defendant’s unit price, quantity, supply price, amount, balance, etc. of ready-mixed supplied at the instant construction site.

C. On February 27, 2018, the Plaintiff: (a) drafted a claim and obligation inquiry statement (Evidence A No. 1; hereinafter “instant claim and obligation inquiry statement”) with the content that the Plaintiff notifies the Defendant that the balance of the claim to be paid by the Defendant is KRW 9,16,800; (b) the Co-Defendant C Co-Defendant C (hereinafter “C”) of the first instance trial confirms that the amount of the obligation would be paid at the original office C on behalf of the Defendant by March 30, 2018; (c) indicated in the instant claim and obligation inquiry statement that the amount of the obligation would exceed the amount of the obligation; and (d) signed and sealed the corporate seal impression of C, and then delivered it to the Plaintiff.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's assertion is supplied with ready-mixed from the plaintiff and the defendant does not pay KRW 9,116,800 out of the price to the present day. Thus, the plaintiff is obligated to pay the above ready-mixed supply price of KRW 9,116,800 and delay damages.

B. The Defendant’s assertion amounting to KRW 9,116,800 was supplied to the instant construction site from September 2016 to October 2016, which is directly by C.