1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

1. Basic facts

A. On December 29, 2014, the Defendant entered into a contract for a construction project with the Armed Forces Finance Management Body and AB (B) as the contract period from December 29, 2014 to October 28, 2015; the construction amount was KRW 3,260,075,200; and thereafter, on October 28, 2015, the Defendant entered into a modified contract with the construction amount of KRW 3,245,829,190 on the ground of a change in the design based on the reflection of on-site conditions.

B. On January 6, 2015, the Defendant subcontracted the construction work cost of cable spread and board installation works (hereinafter “instant construction”) among the above A construction work to C as KRW 1,947,00,00 (value-added Tax Separate). However, since C cannot issue a contract guarantee certificate under its name, the subcontractor of the instant construction work is indicated as Co., Ltd. as Co., Ltd, and C prepares a written subcontract for construction work after entering the subcontractor as Co., Ltd.’s joint guarantor.

C. Since then, C used the name of the Defendant’s construction director at the instant construction site, and C, the type of the Defendant’s site director at the instant construction site, and carried out the instant construction project.

On August 15, 2015, the Plaintiff concluded a contract with the Defendant to manufacture and supply power distribution team equipment, etc. at the instant construction site with the amount of KRW 25,604,590, and supplied the power distribution team equipment, etc. at the instant construction site on September 23, 2015. On December 15, 2015, the Defendant issued and delivered to the Plaintiff a bill with the face value of KRW 25,60,000 for the payment of goods under the goods supply contract as of August 15, 2015.

E. Meanwhile, at around October 2015, the Plaintiff produced and supplied the power distribution team equipment, etc. equivalent to KRW 8,839,600, in addition to the site of the instant construction upon receiving a request from the said E (hereinafter “instant goods supply”). In this regard, a transaction statement and a tax invoice stating the sum of the Defendant, supply price, and tax amount as KRW 8,839,90 was prepared.

[Ground of Recognition] Unsatisfy, Gap evidence 1 to 4, Eul evidence 1 to 3, and 5.