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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. Basic facts
A. The Plaintiff is a person engaged in a creative construction business, etc. under the trade name of “C,” and the Defendant is a stock company that runs an indoor construction business, etc.
B. The Plaintiff received a request from the Defendant’s agent for the supply of materials related to the automatic installation works among the remodeling works for the land-based F Hospital E (hereinafter “instant construction works”). On August 31, 2014, the Plaintiff supplied the materials amounting to KRW 10,731,600 (i.e., value of KRW 9,756,000, value of KRW 975,600) (hereinafter “instant materials”).
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, 4, and 6, the purport of the whole pleadings
2. Determination
A. According to the purport of the evidence Nos. 1 and 2 of the judgment as to the cause of the claim and the entire pleadings, the Defendant concluded a subcontract with H Co., Ltd., which is the contractor of the instant construction by setting the contract amount of KRW 134,000,000 for a considerable portion of the instant construction work (excluding value-added tax) from April 1, 2014 to May 20, 2014; and the Plaintiff entered into a contract for design and supervision services on May 17, 2014 with respect to installation of automatic text and semi-Automatic text (including value-added tax) between H Co., Ltd., which is the contractor of some of the instant construction works, as the contract amount of KRW 66,00,000 (including value-added tax) and the period of construction from May 1, 2014 to June 20, 2014.
However, the following circumstances, which are acknowledged by Gap's evidence Nos. 4, 5, 7, and 11, Eul evidence No. 3, witness I of the first instance trial, witness I of the J, and witness I of the J, and the whole purport of the arguments, namely, the defendant's employee D, while staying at the construction site of this case and performing a comprehensive role in connection with the construction of this case, such as submission of estimates from several enterprises including the plaintiff, and management of the construction site. D attempted to request the originalJ to supply the materials of this case, but due to the circumstances of the JJ, the plaintiff was entrusted with the supply unit price of the materials of this case.