1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

purport:

1. Basic facts

A. On January 9, 2013, between the Plaintiff and the Defendant, a company manufacturing and selling ready-mixed, the Plaintiff supplied ready-mixed at the Defendant’s site, and the price was entered into a contract with the Defendant within 45 days after the end of each month. B became a joint and several surety for the Defendant’s obligation to supply ready-mixed.

(hereinafter “instant contract”). B.

From January 11, 2013 to March 3, 2014, pursuant to the instant contract, the Plaintiff supplied ready-mixeds equivalent to KRW 194,739,160 at the same construction site, and was paid the remainder of the price, excluding KRW 5,348,310, out of the price.

C. Meanwhile, on the other hand, the Defendant was awarded a subcontract for reinforced concrete construction works among the above construction works from ELD Construction Co., Ltd. on December 15, 2012 (including value-added tax) and the construction period from December 15, 2012 to June 15, 2013. The Defendant’s field agent B during the construction period.

[Ground for Recognition: Facts without dispute, Gap evidence 1, 8, Eul evidence 1, the purport of the whole pleadings]

2. The parties' assertion and judgment

A. According to the above facts of recognition, the Defendant is obligated to pay 5,348,310 won for residual containers and damages for delay at each rate of 5% per annum under the Civil Act from May 16, 2014 to May 22, 2015, which is the last delivery date of the complaint of this case, and 15% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the date of full payment, unless there are special circumstances.

B. The Defendant’s assertion and determination that the subcontracted construction works were completed on or around December 2013 by the ELD Construction, and thereafter, the ELD supplied by the Plaintiff was put into another construction site irrelevant to its construction site and that it did not receive any supply of ready-mixed from the Plaintiff.

Examining the overall purport of the pleadings in each entry of evidence Nos. 8 through 10 (including paper numbers), the Defendant’s construction site from the Plaintiff from January 1, 2013 to March 31, 2014.