1. Revocation of the first instance judgment.

2. The defendant shall pay to the plaintiff KRW 5,720,00 and shall pay to the plaintiff full payment from March 8, 2016.

1. Basic facts

A. The plaintiff is a business operator who runs a landscaped stone wholesale business in the trade name of "C", and the defendant is an agricultural company established for entrusted farming, etc.

B. The Defendant was constructing a new E hotel building in Gangwon-si D. However, around June 2015, F, a person in charge of the Defendant’s construction site, concluded a goods supply contract with the Plaintiff to transport and supply natural rocks necessary for piling up stone.

C. The Plaintiff supplied natural rocks at the construction site twice as follows, and the Defendant paid KRW 2,860,000 to the Plaintiff on July 2, 2015, and did not pay KRW 5,720,000 to the second supply.

1) The first supply: The second supply: From August 16, 2015 to August 25, 2015, the sum of KRW 1,430,000 (=1,430,000 x 4) / 1,720,000 / 5,7200 / 4) / 5,7200 / 4) / 1,430 /30 / 4) / 1,860 / 5 / 1,860 / 2) / 1,860 / 2 , 1, and 2, 200 / 1,430 /30 /

2. Determination on the cause of the claim

A. With respect to the Plaintiff’s assertion that the Plaintiff sought payment of KRW 5,720,00 from the second supply price of natural stone to the Defendant, the Defendant asserts that (i) the Defendant purchased natural stone from the Plaintiff is not the Defendant but the Defendant Company G, and (ii) the second supply price is not the obligation to pay for the goods since it refused to acquire the goods because the size and shape of the second supply price is not appropriate for piling up stone.

B. First of all, as to whether the Defendant purchased natural rocks from the Plaintiff, the Defendant, in the written reply of March 21, 2016, led to the confession of “the fact that the Defendant requested the Plaintiff to deliver natural rocks upon H’s introduction,” and that the Defendant purchased natural rocks only when it was in the preparatory document dated December 13, 2017, and reversed the previous argument.

1. However, F is a director at the construction site G, but the overall management of the goods, such as the instant materials.