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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.
Reasons
1. Facts of recognition;
A. On November 2012, the Defendant awarded a contract to Scar General Construction Co., Ltd. (hereinafter “Scar General Construction Co., Ltd.”) for the construction of a local industry promotion center (hereinafter “instant construction”) in 2012, Cheongju-ri, 11-2, Cheongdong-ri, Cheongdong-ri, Sejong Special Self-Governing City, and the said construction was completed on September 30, 2013.
B. Around September 2013, the Plaintiff supplied aggregate amounting to KRW 3,468,850 at the instant construction site. Of the price of the goods, KRW 1,387,540 was paid.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, 4, 10 (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings
2. Determination:
A. On June 2013, the Plaintiff asserts to the effect that the Plaintiff is obligated to pay the remainder amount of KRW 2,081,310 (= 3,468,850 - 1,387,540) to the Plaintiff who supplied aggregate directly after the instant construction work, as the Defendant directly operated the instant construction work and paid the Plaintiff expenses, labor expenses, etc. related thereto to the suppliers, employees, etc.
B. First of all, it is insufficient to acknowledge that the Defendant directly operated the instant construction and received the goods directly from the Plaintiff, solely with the descriptions of evidence Nos. 11, and part of evidence Nos. 2 and 12, and there is no other evidence to prove otherwise.
C. Next, in the instant case where there is no evidence to deem that there was an agreement between the Plaintiff, the Defendant, and the third party of the non-party company on the direct payment of the goods price, comprehensively taking account of the overall purport of the pleadings in the written evidence evidence Nos. 2, 12, and Nos. 3 through 6, 8, and 10, the Defendant’s labor cost, material cost, and progress payment from May 1, 2013 to be paid by the Defendant to the non-party company after the non-party company’s cancellation of construction business, etc.