The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

The purport of the claim and the purport of the appeal.

1. Facts of recognition;

A. The Plaintiff is a company engaged in the manufacture and sale of ready-mixeds, asphalts, etc., and the Defendant is a person who has been awarded a contract for the construction of a new construction of a detached house and a neighboring living facility located in the old-si city.

B. According to the Defendant’s order, from May 15, 2019 to May 24, 2019, the Plaintiff supplied ready-mixeds equivalent to KRW 5,926,140, which was requested by Nonparty D to be known at the site. As of April 1, 2020, the Plaintiff failed to receive the said KRW 5,926,140 (hereinafter “the instant goods price”) out of the goods price (hereinafter “the instant goods supply contract”).

On June 25, 2019, the Plaintiff issued the electronic tax account statement of KRW 5,926,140 to the Defendant regarding the instant goods supply contract. The said electronic tax account statement contains the Defendant’s e-mail address, and the Defendant approved the content of the said electronic tax account statement at the competent tax office and filed a tax return.

[Ground of recognition] Gap evidence Nos. 1 and 2, Eul evidence Nos. 1 and 3 (including number Nos. 1) and the purport of the whole theory

2. The parties' assertion

A. The Plaintiff concluded the instant goods supply contract with the Defendant as a party to the contract, and supplied ready-mixeds to the Defendant. The Defendant is obligated to pay the instant goods price to the Defendant, as the Plaintiff approved the tax invoice issued by the Plaintiff and filed a tax return.

B. The Defendant did not enter into the instant goods supply contract with the Plaintiff or received goods from the Plaintiff, and only the Plaintiff entered into a contract with D and supplied ready-mixed.

3. The identity of the party to the judgment is a matter of interpretation of the intent of the party involved in the contract.

When a person who executes a contract performs a legal act in the name of another person, the question of who is the party to the contract may be the other party to the contract.