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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
Reasons
1. Facts of recognition;
A. The Plaintiff is a company running a wholesale business of building equipment, materials, etc., and the Defendant is a company running mechanical equipment construction business, etc.
B. From July 7, 2016, the Plaintiff entered into an oral material supply contract with the Defendant, and supplied piping materials, etc. at the site of machinery and fire fighting facilities related to building A in Songpa-gu Seoul Metropolitan Government (hereinafter “instant construction”).
C. From July 7, 2016 to April 3, 2017, the Plaintiff supplied the materials at the instant construction site. Among them, the Plaintiff supplied KRW 10,409,240 from January 4, 2017 to January 23, 2017, and KRW 11,569,258 (hereinafter referred to as “instant materials”) in total from February 4, 2017 to February 24, 2017, supplied KRW 11,978,498 (hereinafter referred to as “the instant materials”) and KRW 2,00 from January 4, 2017 to January 23, 2017.
【Ground of recognition】 The fact that there has been no dispute, entry of Gap's 1 through 5 (if there is an additional number, including a branch number; hereinafter the same shall apply) and the purport of whole pleadings
2. The parties' assertion
A. The Plaintiff entered into a material supply agreement with the Defendant on the construction site of this case and supplied the Defendant with materials on the construction site of this case from July 7, 2016 to April 3, 2017.
Although the Plaintiff issued a tax invoice under the name of B for the materials supplied at the instant construction site from October 2016 to February 2017, the Plaintiff merely issued a tax invoice under the name of B at the Defendant’s request, and the actual party of the instant materials transaction still is the Defendant.
Therefore, the defendant is liable to pay 11,978,498 won and damages for delay payable to the plaintiff.
B. The Defendant’s assertion and the Plaintiff’s transaction under the material supply contract was terminated on September 30, 2016, and thereafter the Plaintiff’s material supply regarding the construction site of this case was between B and the Defendant’s subcontracted construction work.