1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On November 2, 2011, the Defendant entered into a contract for the supply of ready-mixed with the Plaintiff’s employee C who represented the Plaintiff, and was supplied with ready-mixed at the construction site located in the city from March 27, 2013.

B. The Defendant’s price for ready-mixed supplied during the above period reaches KRW 8,5150,000.

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

2. The assertion and judgment

A. According to the above facts, the defendant is obligated to pay 85,150,000 won to the plaintiff, unless there are other special circumstances.

B. The defendant's defense 1) is acknowledged that the defendant paid the whole amount of KRW 8,5150,000 to the plaintiff's side. In full view of the written evidence Nos. 3, 4-1 through 16, and 5-2 of evidence Nos. 3, 4-1 through 16, and 3-5 of evidence Nos. 3, 3 of the witness's testimony, and the whole purport of oral argument, the defendant, who is an employee of the plaintiff, transferred the above amount of KRW 8,5150,00 to the Suhyup bank and the Nonghyup bank account for the payment of the above ready-mixed price to the plaintiff's employee from November 14, 201 to April 24, 2013. Meanwhile, there is no dispute between the parties that C, an employee of the plaintiff, has the right to receive the ready-mixed price from the defendant who was the party to the supply contract. Accordingly, the defendant asserts that the defendant did not have the right to receive the payment from the plaintiff's agent, as a legitimate agent.

However, the following circumstances revealed by the evidence as seen earlier, namely, at the time of transfer, the defendant seems to have been unaware of the fact that the defendant was a wife C, and the defendant transferred the price of the goods to the account of E at the request of C, and the account of E was deposited by C.