1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

1. Basic facts

A. The Plaintiff is a person who operates a gas station in the name of “D gas station” in Jeonnam-Gun B.

B. On February 10, 2012, the Defendant entered into a contract with the Southern-gun to supply and demand B sewage culvert maintenance works (the fourth; hereinafter “instant construction works”) from the Navy as construction period between February 16, 2012 and December 30, 2012 (hereinafter “instant contract”).

After that, the Defendant and the Navy changed the construction period of the instant contract from February 16, 2012 to February 26, 2013. On June 7, 2013, the construction cost of the instant contract was changed to KRW 2,080,086,000.

C. On March 20, 2012, the Defendant entered into a contract with C (hereinafter “C”) under which the construction period of the water supply and sewerage construction works among the instant construction works was from March 20, 2012 to December 20, 2012, with C as construction cost of KRW 1,429,050,000 (hereinafter “instant subcontract”).

On December 31, 2012, the Defendant and C changed the construction period of the instant subcontract from March 20, 2012 to February 16, 2013. On June 17, 2013, the Defendant changed the construction period to KRW 1,369,513,000.

The Plaintiff supplied oil equivalent to KRW 7,079,870 from January 1, 2013 to May 2013, 2013 at the instant construction site. However, the Plaintiff received only KRW 17,386,480 from the Defendant on February 1, 2013, and only KRW 17,625,280 on March 23, 2013, and did not receive the remainder of KRW 42,068,110 on March 13, 2013.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, 7, 8, Eul evidence Nos. 1 and 2 (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff asserted that the plaintiff supplied oil at the request of the defendant to the site of the instant construction, and the defendant did not pay oil price.

Therefore, the defendant shall pay the plaintiff 42,068,110 won of the unpaid oil price.