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. Facts of recognition;

A. The plaintiff is a person who runs Do and retail business with the trade name of "C", and the plaintiff and the defendant are elementary school principals.

B. In relation to D around March 2015, the Defendant concluded a contract for construction works with D with construction cost of KRW 50,150,000 with regard to the construction cost of KRW 50,150,00 among the construction works of multi-family houses on the ground of land of 838 square meters in Seongdong-gu, Seoul Special Metropolitan City (hereinafter “instant housing”).

(hereinafter “instant construction contract”). C.

The Plaintiff supplied materials at the construction site of this case from April 2015 to October 2015.

(hereinafter “instant supply of materials”). D.

On November 1, 2015, the Plaintiff issued a tax invoice for claim amounting to KRW 16,653,451 on the basis of a person who is supplied with the instant material, other than the item, supply price of KRW 15,130,410, value-added tax 1,513,041, total of KRW 16,653,451.

[Ground of recognition] Facts without dispute, Gap evidence No. 1, Eul evidence No. 1-1, the purport of the whole pleadings

2. Issues of the instant case

A. As the Plaintiff supplied the Defendant with materials of KRW 16,653,451, including value-added tax, in relation to the instant construction project between April 7, 2015 and September 3, 2015, the gist of the cause of the Plaintiff’s claim was that the Defendant is liable to pay the said construction cost and the damages for delay thereof to the Plaintiff.

B. The summary of the Defendant’s assertion did not have concluded a material supply contract with the Plaintiff, such as ordering the Plaintiff to submit materials relating to the instant construction project.

According to the construction contract of this case, D is responsible for the instant construction work by procuring all necessary facilities and equipment at the construction site of this case, and the Defendant shall pay D the construction cost under the construction contract of this case.