1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked.

1. Determination as to the cause of claim

A. The parties’ assertion 1) The Defendant refers to the system of heating, ventilation, and air conditioning with the weak class of sanitary fire fighting and HAVC HH reimbursement, VC reimbursement, Vtilt and Air conditioning. The Defendant awarded a contract for the production and supply of materials, which again subcontracted to the Plaintiff, and the Plaintiff supplied the products to the Defendant. The Defendant supplied the products to the Defendant. The amount of KRW 390,63,997 was not paid by the Defendant. Accordingly, the Defendant was liable to pay the Plaintiff the amount of KRW 390,63,97 and delay damages therefrom. 2) The Defendant merely provided only the contractual name for the purpose of promoting the performance. Thus, the Defendant does not bear the obligation to pay the Plaintiff for the production and supply of the products.

B. Fact-finding 1) The Plaintiff is a company engaged in the manufacture, construction, etc. of joint works. The Defendant is a company engaged in the manufacturing, machinery and equipment construction business, etc. 2) On May 23, 2013, the Defendant drafted a contract with A (hereinafter “A”) under which the Defendant manufactures and supplies sanitary fire-fighting and HVAC materials to A as to the site of “C” (Evidence 4).

3) At that time, the Defendant entered into a subcontract with the Plaintiff on the supply of goods produced by the Plaintiff with respect to the manufacturing and supply of the foregoing sanitary fire fighting and HVAC materials (hereinafter “instant contract”).

1) The parties did not prepare a separate subcontract agreement.

(4) The plaintiff and the defendant around May 2013 set up a tax invoice with respect to the supply of goods and deliver it to the defendant. The plaintiff and the subcontractor are the defendant, the subcontractor are the plaintiff, the client are the plaintiff, and the subcontractor are the goods manufactured and supplied by the subcontractor.