1. The defendant shall pay 53,861,500 won to the plaintiff and 15% per annum from February 9, 2018 to the day of complete payment.

1. Basic facts

A. The Plaintiff is a personal entrepreneur who manufactures, and wholesale and retails, such as ES block for civil engineering with the trade name of “C”, and the Defendant is a soil construction business, reinforced concrete construction business, etc.

B. From November 7, 2014 to November 26, 2014, the Plaintiff supplied the EPS block equivalent to KRW 53,861,50 to the site of new construction works in Suwon D.

C. On December 9, 2014, the Plaintiff issued a tax invoice to the Defendant on December 9, 2014 regarding the purchase price of goods, but revoked it and issued a tax invoice again on December 10, 2014 (hereinafter “E”).

As the Plaintiff was unable to receive the price of goods on March 17, 2016, the Plaintiff filed a lawsuit against E seeking payment of KRW 53,861,500 for the price of goods and damages for delay thereof (U.S. District Court 2016Kadan1154). On June 29, 2016, the inside director F, who was the representative of E, was present and recognized the Plaintiff’s claim.

E. On December 26, 2017, the Plaintiff filed a provisional attachment against the Defendant on the basis of the claim for the purchase-price of goods (U.S. District Court 2017Kadan4146) and received a provisional attachment order on December 28, 2017.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 4 through 7, 8, 13, Eul evidence Nos. 1 and 8, the purport of the whole pleadings

2. The assertion and judgment

A. 1) The Plaintiff’s assertion (A) concluded a contract with the Defendant to supply the EPS block for civil engineering works at the site of new construction works in Suwon D subcontracted by G Co., Ltd. (hereinafter “G”), and supplied goods.

Therefore, the defendant is obligated to pay to the plaintiff 53,861,50 won for the price of goods and delay damages therefor.

Even if E is the other party to the instant contract, the Defendant is the same company as E, and thus, is liable to pay the price for the goods to the Plaintiff.

B. The defendant's assertion.