1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Plaintiff is a company for the purpose of oil sales business, etc., and operates a “new oil station without delay.”

B. On May 8, 2012, the Defendant contracted for the 1,082,90,000 won for the 1,082,90,000 of the Gwangju North-gu B Sewerage Installation Work (hereinafter “instant construction”). On May 30, 2012, the Defendant subcontracted the instant construction work of reinforced concrete to the limited liability company C (hereinafter “non-party Company”) (hereinafter “non-party Company”) for 486,60,000, and the subcontract rate of 84.3%.

C. The Plaintiff supplied oil to the instant construction site from March 5, 2013 to June 17, 2013, upon the Defendant’s direct request for payment, received KRW 3,735,000 from Gwangju Northern-gu.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2 and 4 (including branch numbers), Eul evidence Nos. 1 through 7 and 9, fact inquiry results of this court's inquiry into the North-gu Office of Gwangju, the purport of the whole pleadings

2. The parties' assertion

A. The Defendant concluded an oil supply contract with the Plaintiff via his agent D, or ratified the oil supply contract with the Plaintiff (main assertion), and agreed to directly pay the Plaintiff’s oil payment obligation to the Nonparty Company.

(Preliminary Claim) The Plaintiff supplied oil equivalent to KRW 31,325,252 in total at the construction site of this case from March 5, 2013 to June 17, 2013, and received only KRW 3,735,00 on June 28, 2013. As such, the Defendant is obligated to pay the Plaintiff KRW 27,590,252 (i.e., KRW 31,325,252 - KRW 3,735,00) and delay damages thereon.

B. The plaintiff entered into an oil supply contract with the non-party company, which is the defendant's subcontractor, and the defendant did not enter into an oil supply contract with the plaintiff or ratified an oil supply contract.

The defendant does not have any agreement to pay directly the oil payment obligation to the plaintiff of the non-party company.

3. Determination

A. There is no dispute between the parties to the judgment as to the Plaintiff’s primary assertion, or Nos. 2 and 2.