1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Basic facts

A. The Plaintiff: (a) a corporation that manufactures and sells asphalt; (b) a corporation, Samyeong Construction Co., Ltd. (hereinafter referred to as “Seoul Construction”) supplied Amcons from August 2013 to September 201 (hereinafter “instant supply contract”); (c) supplied Amcons (hereinafter “instant supply contract”); (d) the price of KRW 88,184,272 out of the price of the supplied Amcons (hereinafter “the price of the instant Amcons”).

B. Accordingly, on January 16, 2014, the Plaintiff filed a lawsuit seeking the payment of the unpaid Amcom with the Gwangju District Court’s 2014Kadan1014 against the construction around March 16, 2014

(In contrast to the instant case, the Plaintiff filed a lawsuit by asserting that the Plaintiff was not paid KRW 89,309,671 (hereinafter “related lawsuit”). In the relevant lawsuit, the SamGyeong Construction did not have concluded a supply contract with the Plaintiff, and the Defendant asserted that it had concluded a supply contract with the Plaintiff at his own discretion, but the said court rejected the said claim of Samyeong Construction on June 18, 2014, and accepted all the Plaintiff’s claim on the ground that the instant supply contract was concluded between the Plaintiff and SamGyeong Construction, and the relevant lawsuit became final and conclusive around that time.

However, even until now, the plaintiff was not paid the price for the related lawsuit from the GyeongGyeong Construction.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 7, and 9 (including paper numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The plaintiff's assertion 1 is that the defendant borrowed the name from Sejong Construction and carried out part of the instant construction. The plaintiff concluded a supply contract with the plaintiff. Thus, the defendant is jointly and severally paid the price for the instant asphalt construction to the plaintiff, in accordance with Article 24 of the Commercial Act.