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1. Revocation of a judgment of the first instance;
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
Reasons
1. On December 2012, the Plaintiff asserted that he supplied electrical products, such as electric wires (hereinafter “instant products”) equivalent to KRW 19,973,657 at the Defendant’s construction site, and received KRW 11,393,287 from the Defendant.
Therefore, the defendant should pay to the plaintiff the remaining goods price of KRW 8,580,370 and damages for delay.
2. In full view of the respective statements in Gap, Gap's Nos. 1, 3, 4, and 5, Eul evidence Nos. 1, 2, and 3, and Eul evidence Nos. 1, 2, and 3, and the purport of the whole pleadings in the testimony of party witness Eul, the defendant received and subcontracted the electrical construction among the construction of building C in Yangsan City (hereinafter "the electrical construction of this case") to Eul on or around December 2012, Eul ordered the goods of this case to the plaintiff and ordered the electrical construction of this case to the plaintiff on or around December 2012. The defendant directly remitted part of the construction price of this case to the plaintiff upon Eul's request. The plaintiff issued a tax invoice corresponding to the price of the goods of this case under the name of the defendant, and the plaintiff filed a payment order of KRW 31,83,200 which includes the price of the goods of this case with the Busan District Court Decision No. 2013,356,949 won, which became final and conclusive.
According to the above facts, since the other party who supplied the goods of this case is not the defendant but B, the plaintiff's assertion is without merit without any further review.
3. Thus, the plaintiff's claim of this case is dismissed as it is without merit, and the judgment of the court of first instance is unfair with different conclusions. Thus, the defendant's appeal is accepted and the judgment of the court of first instance is revoked and the plaintiff's claim is dismissed. It is so decided as per Disposition.