1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

[Claim]

1. As the Defendant, in determining the main defense of safety, subcontracted the repair work of D University facilities to C and paid all the construction cost, including the cost of the goods, to C, the Defendant asserted that the instant lawsuit is unlawful on the ground that it has no standing to be a party.

In a lawsuit for performance, the defendant's standing in the lawsuit for performance is replaced by the plaintiff's claim itself, and such judgment is absorbed into the judgment on the propriety of the claim, so the person alleged as the obligor is a legitimate defendant (see, e.g., Supreme Court Decision 95Da18451, Nov. 28, 1995). Thus, as long as the plaintiff asserted as the defendant as the obligor for the payment of the goods, the defendant has the standing to be a party, so the lawsuit for this case is lawful, and the defendant's main defense for safety

2. The gist of the cause of the claim is that the Plaintiff runs the business of supplying hardwares, machinery, tools, etc. with the trade name “E.” Around June 2017, the Defendant agreed to provide the Defendant’s contractor C with materials and goods to pay the price for the goods in lieu of the Plaintiff. From June 28, 2017 to October 27, 2017, the Plaintiff supplied the Plaintiff with machinery, tools, etc. to C.

However, the Defendant did not pay only KRW 13,200,00 for the total amount of goods up to July 31, 2017 supplied by C as of August 11, 2017, and KRW 8,414,300 for the total amount of goods after August 201, 2017 ( KRW 2,16,00 for August 2, 2017, KRW 5,696,800 for September 201, and KRW 5,51,500 for October 2017, and KRW 551,500 for the instant price) to the Plaintiff. As such, the Defendant is obligated to pay the instant price and delay damages therefrom to the Plaintiff.

3. In full view of the following facts and circumstances, it is reasonable to view that the Defendant, the contractor, agreed to pay the price for the goods, etc. supplied by the Plaintiff to the Plaintiff in lieu of the Plaintiff, taking into account the following facts and circumstances, which can be acknowledged by adding up the overall purport of the pleadings to the testimony of the witness witness C of the first instance court: