1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

[Claim]

1. The grounds for the court’s explanation on this part of the facts and the allegations by the parties are the same as that of the judgment of the court of first instance, and thus, they are cited by the main sentence of Article 420 of the Civil Procedure Act.

2. Determination

A. The identity of the party to the relevant legal doctrine is a matter of interpretation of the intent of the party involved in the contract. With respect to the determination of the parties, if both parties agree, the parties to the contract must be determined according to their agreed intent. If both parties fail to agree, a reasonable person should be determined based on the specific circumstances before and after the conclusion of the contract, such as the nature, content, purpose, and circumstance of the contract.

B. (See, e.g., Supreme Court Decision 97Da22089, Mar. 13, 1998).

Facts of recognition

In full view of the above evidence, K of the first instance trial witness, and L’s testimony, the following facts can be acknowledged.

1) From March 2013 to June 28, 2016, the Defendant purchased a board directly from the Plaintiff during several construction sites, and used it at several construction sites, and paid to the Plaintiff an amount equivalent to KRW 500 million. 2) The Plaintiff supplied the Defendant with materials, etc. totaling eight times during the period from February 26, 2013 to March 25, 2013 in relation to G construction, the amount of KRW 129,468,364, and the amount of materials, etc. totaling eight times during the period from October 24, 2013 to November 28, 2013, the Defendant supplied the Defendant with materials, etc. totaling KRW 61,546,048, each of which was indicated in his/her name, and the Plaintiff supplied the materials, etc. to the Defendant in accordance with the order and quantity of the materials to be supplied.