1. Revocation of a judgment of the first instance;

2. All the plaintiff's primary claim and the conjunctive claim added at the trial.

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 D new construction works located in Sejong Special Self-Governing City (hereinafter “instant construction”) and completed the said construction works around September 30, 2013.

B. From September 7, 2013 to September 30, 2013, the Plaintiff supplied goods of an amount equivalent to KRW 13,421,100 at the construction site of this case, and received KRW 5,368,440 out of the price of the goods.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, 5, 12 (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. Judgment on the main claim

A. On June 2013, the Plaintiff asserts to the effect that the Plaintiff is obligated to pay the remainder amount of KRW 8,052,660 (i.e., 13,421,100 - 5,368,440) to the Plaintiff who supplied the goods directly after the instant construction work, as the Nonparty Company was subject to the disposition of cancellation of construction business registration, etc., and the Defendant directly operated the instant construction work and paid the Plaintiff the material cost, labor cost, etc. related thereto directly to the Plaintiff, including the Plaintiff.

B. First of all, it is not sufficient 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. 13 and evidence Nos. 2 and 14, 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, 14, 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.