1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. C Co., Ltd. (hereinafter “C”) contracted on January 31, 2013 with the construction of electric power source E located in Gyeonggi-gun E (hereinafter “instant construction”) from D, and awarded a subcontract to G in which the Defendant’s husband F actually operated the her husband F.

B. On the other hand, around May 30, 2013, the Plaintiff supplied furnitures equivalent to KRW 4,820,000 at the construction site of this case, including Washingtons and scams, and had not received the price of the goods until now.

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 3-1 to 6, Eul evidence 3, Eul evidence 5-1, and the purport of whole pleadings

2. The parties' assertion

A. The Plaintiff, at the Defendant’s husband’s work site, supplied the instant household to the Plaintiff’s husband F and sent a written estimate to the fax number entered in the name of F. As such, the Defendant, who is the business operator of G, is obligated to pay the Plaintiff the price of goods KRW 4,820,00 and the damages for delay.

B. The Plaintiff, as the employee of Defendant C, only traded with H in charge of the instant construction, and did not conclude a goods supply contract with the Defendant, and the Defendant did not have received a written estimate from the Plaintiff. Therefore, the Defendant is not liable to pay the price of the instant goods.

3. In full view of the purport of the entire pleadings as to whether the party to the instant product supply contract was the Defendant, as a whole, the F issued the name “G” to the Plaintiff at the construction site of this case, and informed the Plaintiff about the design, such as the color of the singular board, F, and H, as the Plaintiff’s children, the representative director of C, is recognized.

However, the following circumstances can be acknowledged by comprehensively taking account of the facts acknowledged as above and the purport of the entire pleadings, i.e., the instant construction works conducted by C upon being awarded a contract by the owner D, and G during the instant construction works.