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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. The Defendant: (a) from March 1, 2012, the fact that the construction of a new building of a detached house was in progress in Gyeonggi-do Yangyang-gun, Gyeonggi-do; and (b) the Defendant entered into a contract with D on August 1, 2013 by setting the construction period from August 1, 2013 to October 31, 2013; and (c) the construction cost at KRW 50 million. The said construction contract was terminated on August 2014; (d) the Plaintiff was engaged in the retail business of steel products with the trade name “F” in Gyeonggi-do Yang-gun, and supplied the said materials at the construction site, and the fact that the said materials were supplied at the construction site can be recognized by comprehensively taking into account the dispute between the parties or the overall purport of oral arguments as stated in the evidence No. 1, 5, and 7.
2. The Plaintiff asserts that the Defendant is obligated to pay to the Plaintiff the total amount of KRW 6,031,40,000, since the Plaintiff received materials from the Plaintiff from November 20, 2013 to December 19, 2013 or guaranteed D’s material price payment obligation.
In this regard, the defendant asserts that the person who received the material is not the defendant, and even if the defendant guaranteed the obligation to pay D's material price, it is invalid as it is not based on the document with the name and seal or signature.
In the following circumstances, the Plaintiff supplied materials to the construction site upon the Defendant’s initial request, the Plaintiff supplied materials from June 2012 to December 2012, 2012, and some of the material prices were paid from the accounts in the name of D, as follows: (a) it appears that D would have paid in lieu of the Defendant’s legal relationship; (b) the materials supplied by the Plaintiff had been confirmed by G, a field manager, etc., and (c) the details of the transaction signed by G were supplied.