1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. From February 29, 2016 to March 28, 2016, the parties asserted that the Plaintiff supplied construction materials equivalent to KRW 2,585,00,00 in total at the site of the construction works for the construction of the Da building in Seongbuk-gu Seoul Special Metropolitan City (hereinafter “instant construction works”), and sought payment against the Defendant, the Defendant asserted that the Plaintiff could not accept the Plaintiff’s claim except for the portion of the goods for which the Defendant’s claim for materials exists, on the ground that it cannot be confirmed that the Plaintiff supplied them.

2. Determination

(a) The following facts may be acknowledged in full view of Gap evidence Nos. 1, 3 through 6, 9, 10, 16 (including each number for those with separate numbers), Gap witness C and Eul witness of the first instance court, and the purport of the whole pleadings:

① On March 2016, the Plaintiff received confirmation from B, who is the site manager of the instant construction site, to send a president by transaction partner. On March 30, 2016, the Plaintiff issued a tax invoice with the total amount of KRW 25.8 million to the Defendant and the person who is supplied with the instant construction site.

Although the defendant received the above tax invoice on the same day, he did not raise an objection or make a revised report thereon until now.

② When the Plaintiff supplies goods, it appears that the Plaintiff prepared a detailed statement of transaction, and that he/she obtained B’s signature in the column for acceptance of the transaction statement dated March 25, 2016.

B Then, the signature was written in the column for acceptance of the balance sheet.

③ There are three requests for materials prepared by B, and the Plaintiff supplied each of the goods at the construction site of this case on February 29, 2016, March 2, 2016, and March 4, 2016, according to the said requests for materials.

④ On February 29, 2016, E, a cargo delivery service provider, prepared and issued a material delivery certificate to the effect that each of the goods was delivered at the construction site of this case on March 16, 2016; F, March 16, 2016; G, March 23, 2016; H, March 25, 2016; and I, March 28, 2016.

⑤ “B” on June 2, 2016, from February 29, 2016 to March 28, 2016, goods worth KRW 2,5850,000 from the Plaintiff.