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. The following facts may be found either in dispute between the parties or in full view of each entry and whole purport of pleading A (including a serial number; hereinafter the same shall apply).

Upon entering into a contract, the Plaintiff is a company engaged in steel and steel product sales business. The Defendant is a company engaged in an engineering work business, building work business, etc., and the Defendant entered into a contract with the Excellent Ams Co., Ltd. (hereinafter referred to as “Excellent Ams”) on November 2013 and the Excellent Am Plant Construction Work (hereinafter referred to as “instant construction work”).

B. From October 31, 2013 to March 31, 2014, the Plaintiff supplied steel to the instant construction site. The steel price that was unpaid as of March 31, 2014 is the total of 64,257,885 won.

2. The parties' assertion and judgment

A. The summary of the parties' assertion 1) The plaintiff supplied steel to the construction site of this case and issued a tax invoice several times by designating the defendant as the person being supplied with steel materials according to Gap's instructions. The defendant did not raise an objection, and instead, deposited the steel materials on the above tax invoice into the bank account in the name of the plaintiff. The plaintiff and the defendant agreed to pay the plaintiff the unpaid steel materials directly to the plaintiff. Therefore, the plaintiff is the defendant, and the defendant is liable to pay the plaintiff the unpaid steel materials. 2) The defendant contracted the construction of this case from Excellent to 450,000,000 among them, and the plaintiff supplied steel materials on the construction site of this case at Gap's request. Thus, the plaintiff supplied steel materials to A, who is not the defendant, to be supplied with the plaintiff.

The defendant is supplied with the defendant upon request by A.