1. The part against the defendant in the judgment of the first instance is revoked.

2. The plaintiff's claim against the defendant is dismissed.

3...

1. Facts of recognition;

A. The Plaintiff is a company that manufactures and sells ready-mixeds and asphalts.

B. On May 22, 2012, the Defendant agreed to be supplied with necessary ready-mixeds from the Plaintiff at the aforementioned construction site while performing construction works after receiving a subcontract for part of the construction works for constructing a multi-family house from Codefendant C of the first instance trial (hereinafter “C”), and the price was the cash settlement period “the last day of the following month after filing a claim for the end of the month”.

On the other hand, C jointly and severally guaranteed the obligation of the Defendant to pay the price for the goods to the Plaintiff.

C. From May 25, 2012 to July 23, 2012, the Plaintiff supplied ready-mixeds equivalent to KRW 15,452,190 (including value-added tax) at the Defendant’s above construction site. The Plaintiff received KRW 3,560,000 in total from the Defendant and C on June 30, 2012, and KRW 3,560,000 in total from the Defendant and C on July 2, 2012.

On the other hand, on July 20, 2012, the Plaintiff entered into a direct payment agreement with the Defendant and C to pay the remainder of KRW 11,886,408 (i.e., total supply amount of KRW 15,452,190 - total repayment amount of KRW 3,560,000 - discount amount of KRW 5,782) with the Defendant and C to directly pay the remainder of the goods to the Plaintiff and deduct the said amount from the construction cost to the Defendant.

Then, the Plaintiff received KRW 9,00,000,000 from C on February 8, 2013, and KRW 5,000,000 on December 23, 2013, and KRW 1,000,000 on April 1, 2014, and KRW 1,500,000 on March 2, 2016.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. Determination

A. According to the above facts finding as to the cause of the claim, the defendant is obligated to pay the Plaintiff the balance of the above goods price of KRW 2,886,408 (=1,886,408 - 9,000,000) and damages for delay, unless there are special circumstances as a party to the contract for the supply of ready-mixeds.

B. Determination on the Defendant’s defense of extinctive prescription has already been made by the Defendant, the Plaintiff’s claim for the price of goods.