1. Revocation of the first instance judgment.

2. The plaintiff's primary and conjunctive claims are all dismissed.

3. The total cost of the lawsuit.

1. Basic facts

A. On October 15, 2012, the Defendant subcontracted the F-project installation cost of KRW 6,707,800,000 (value 6,098,000,000, value-added tax of KRW 609,80,000) from Nonparty E Co., Ltd. to G (hereinafter “G”) on the contract price of KRW 4,620,000,00 (value 4,200,000,000, value-added tax of KRW 420,000,000) among the foregoing construction work. Around December 24, 2012, the Defendant re-subcontracted the construction and fire-fighting equipment installation work, pipes installation work, etc. to G Co., Ltd. (hereinafter “G”).

On January 28, 2013, the Defendant changed the said contract amount to KRW 4,779,50,000 (value of KRW 4,345,00,000, value-added tax, KRW 434,50,00) between G and G.

B. From January 2013 to April 2013, the Plaintiff entered into a supply contract with G, and supplied materials, such as a Do joint 28 million won or less, such as Do joint 28 million won, and the supply was suspended after April 2013, as G did not pay the price of KRW 10 million.

C. Around August 20, 2013, the Plaintiff supplied the materials equivalent to KRW 56,757,026 (= KRW 34,762,200) to October 25, 2013, beginning with the Plaintiff’s employees H, etc. of the Defendant Company and the Plaintiff’s employees D, etc., who were the actual managers of G, again after the completion of the said materials at the construction site (i.e., KRW 34,762,200).

In the above supply transaction, the Plaintiff issued a transaction statement under the name of the Defendant, but the tax invoice was issued as the recipient of G.

E. On October 28, 2013, the Defendant received a written request for direct payment under G name and paid KRW 10,000 out of the above material price to the Plaintiff on the same day, but the Defendant also did not pay the other price to the Plaintiff.

F. Around May 2014, the Plaintiff attached the above sub-subcontracted construction cost claim against the Defendant with the above material cost claim as the preserved claim, and thereafter filed the instant lawsuit directly against the Defendant.

G. There is no obligation for the construction price payable under the re-subcontract to the Defendant G.

[Reasons for Recognition] A party.