1.The judgment of the first instance shall be modified as follows:

The defendant shall pay to the plaintiff KRW 110,497,640 as well as to the plaintiff on April 2016.

Basic Facts

The plaintiff is the supplier of ready-mixed, and the defendant is the contractor of the new building C Co., Ltd. (hereinafter referred to as the "C") located in Cheongyang-gun, Chungcheongnam-gun, and B was the joint representative of the defendant company and operated the Cheongyang-gun branch office of the defendant company.

In accordance with the above B’s order, the Plaintiff supplied ready-mixed equivalent to KRW 203,506,640 among the period from April 2015 to November 30, 2015, which the construction site of the Defendant Company built by the Defendant Company, for the supply of ready-mixed equivalent to KRW 51,029,000 among them. Of them, ready-mixed equivalent to KRW 51,029,00 was supplied and used for construction of other sites unrelated to C’s construction work.

On July 29, 2015, the Defendant paid 41,980,000 won to the Plaintiff as the price for ready-mixed.

[Ground of recognition] In light of the above facts, Gap evidence Nos. 1 through 3, Gap evidence Nos. 6, Eul evidence Nos. 6, testimony by witness B of the court of first instance, and the ground for claim of the whole pleadings, the defendant is obligated to pay to the plaintiff the amount payable to the plaintiff (=203,506,640 won - 41,980,00 won - 41,980,00 won out of the amount payable to the above ready-mixed goods (hereinafter "amount due to unpaid goods") and damages for delay.

The defendant's assertion as to the defendant's assertion that the defendant's non-paid goods B did not use the non-paid goods in the new construction site of the building site of the building of the building of the building of the building of the building of this case and used 51,029,000 won at will to be deducted from the other construction site of the building site of the building of the building of the building of the building of the building of this case between the defendant and B, and the plaintiff also accepted it. The defendant's claim that the non-paid goods of the above part against the plaintiff of the building of the

Of the unpaid goods, KRW 110,497,640 (i.e., KRW 161,526,640) (i.e., KRW 51,029,00) (i., KRW 161,526,640)) is the Defendant, instead of paying the debt.