1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. The parties' assertion

A. On November 2004 through December 12, 2004, the Plaintiff supplied the Defendant with a different day and implements at the site of D Hospital construction located in Daegu Seo-gu, Seo-gu.

(hereinafter “instant goods contract”). Therefore, the Defendant is obligated to pay to the Plaintiff the amount of KRW 26,150,000 for the goods unpaid under the instant goods contract, as well as damages for delay.

B. Defendant 1) The Corporation of the above D Hospital (hereinafter “Acheon Engineering”), Inc., Ltd. (hereinafter “Acheon Engineering”).

(i)Daehan Construction Co., Ltd. (hereinafter referred to as “Daehan Construction”);

(2) The Plaintiff’s claim for the price of goods was extinguished due to the completion of prescription, even if the Plaintiff and the Defendant concluded the instant goods contract on or around 2004 or around March 2006, even if the Defendant was a contractor, and was merely a contractor’s employee, not a party to the instant goods contract.

2. In light of the following circumstances acknowledged by comprehensively taking into account the following factors: (a) Nos. 1, 2, 3, 6, and 8; and (b) evidence Nos. 2; and (c) evidence Nos. 1, 2, 3, 6, 8; and evidence No. 2; and (d) evidence No. 1, the evidence submitted by the Plaintiff cannot be deemed as the other party to the instant goods contract, and no other evidence exists to acknowledge

Therefore, on the premise that the Defendant is a party to the instant goods contract, the Plaintiff’s assertion is without merit to further examine the scope of the unpaid goods price.

① No. 1 asserted by the Plaintiff as having received delivery from the Defendant for the payment of the price of the instant goods, is a note issued by a multi-unit construction and endorsed by astronomical Engineering as the first endorser, and there was no fact that the Defendant endorsed as the obligor on the said note.

(2) A shall describe a copy of the passbook No. 2.