1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

purport.

The plaintiff is a juristic person established on September 14, 1998 for the purpose of building construction business, etc., and the defendant is a juristic person established on September 14, 1998.

On January 21, 2014, the Defendant was awarded a contract for C created construction cost of KRW 3,318,450,290 with the Culture and Sports Center in Tae-gun, Chungcheongnam-gun.

[Ground of recognition] The Plaintiff concluded a construction materials supply contract with the Defendant, and supplied construction materials to the construction site from September 2014 to May 2016, 2016, upon the Defendant’s request, on the grounds that there is no dispute over the dispute, the Plaintiff asserted the respective descriptions of Gap evidence Nos. 1, 2, and Eul evidence Nos. 3 and the purport of the entire pleadings.

The Defendant had completed settlement with respect to construction materials supplied by the Plaintiff from June 2015 to May 2016. However, with respect to construction materials supplied by the Plaintiff from June 2015 to May 2016, the Defendant paid only KRW 45,00,000 out of total price to the Plaintiff.

Therefore, the defendant claims the remainder of 43,170,274 won and damages for delay from May 31, 2016.

The Defendant subcontracted the above construction work contracted by the Chungcheongnam-gun Culture and Sports Center to Hosan Construction Co., Ltd. (hereinafter “ Hosan Construction”), and Hosan Construction re-subcontracted the above construction work to D.

The defendant did not conclude a construction materials supply contract with the plaintiff, and Hosan Construction or D concluded a construction materials supply contract with the plaintiff.

Even if the Defendant concluded a construction materials supply contract with the Plaintiff, the construction materials asserted by the Plaintiff were not supplied to the said construction site.

Judgment

In full view of the evidence No. 3, evidence No. 4-1 through 11, and evidence No. 10, the Plaintiff supplied construction materials amounting to KRW 88,170,274 at the construction site from June 1, 2015 to May 16, 2016, and the Plaintiff was paid KRW 45,00,000 among them.