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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
purport.
Reasons
1. Basic facts
A. On July 31, 2013, the Defendant subcontracted Es.C. (hereinafter “Es. C”) to Es.C. (hereinafter “Es. C”) the steel production installation works from among the construction works of a factory on the surface of 84 and 15 lots, Ulsan-dong, Ulsan-dong, Ulsan-gu, and 72,270,000 won (including value-added tax).
B. From August 6, 2013 to August 15, 2013, the Plaintiff supplied steel products equivalent to KRW 200,213,302 in total to the steel frame production site of SPC, as well as 453 U.S. Ho-ri, Gosung-gun.
C. The Defendant paid the Plaintiff KRW 90,235,193 on July 31, 2013, and KRW 66,00,00,00 on September 30, 2013, with the price for steel products supplied by the Plaintiff at the place of steel production of E.C. respectively.
[Reasons for Recognition] Facts without dispute, Gap evidence 1-1, 2, Gap evidence 2, Gap evidence 3-1 through 9, Gap evidence 4, 5, 7, Eul evidence 1, and the purport of the whole pleadings
2. The assertion and judgment
A. The Plaintiff’s assertion 1) The Plaintiff concluded a steel product supply contract with the Defendant and supplied steel products amounting to KRW 200,213,302 in total at the place designated by the Defendant, but the Defendant is not obligated to pay the Plaintiff the above payment and damages for delay since it did not receive KRW 43,97,109 out of the price. 2) The Defendant’s assertion that the Defendant concluded a contract for the supply of steel products with the Plaintiff is E.C., and the Defendant is merely a party to the contract with E.C. upon the Plaintiff’s request. Accordingly, the Defendant is not obligated to pay the above payment to the Plaintiff. (B) Even if the Defendant was liable to pay the steel products supplied by the Defendant, even if the Plaintiff actually supplied the steel products amounting to KRW 146,685,484, the amount of steel products supplied by the Plaintiff is equivalent to KRW 41,7640,00, KRW 200, KRW 300,000 for the steel products supplied by the Plaintiff.