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. Facts of recognition;

A. On April 2017, the Defendant concluded a contract with C Co., Ltd. (hereinafter referred to as “C”) on the part of the “E business facility construction work” on the ground of the E business facility “E business facility construction work” on the front city E during the front city as the construction cost of KRW 508,266,00 (including value-added tax).

(hereinafter referred to as the “instant construction contract” or “instant construction contract” as the context requires.

On April 2017, the Plaintiff entered into a contract with Defendant C to supply various goods, such as presses, reflectrs, and armores, at the construction site of this case. Accordingly, from around that time to December 20, 2017, the Plaintiff supplied the goods equivalent to KRW 52,680,80 in total at the construction site of this case.

C. On August 7, 2017, the Defendant directly paid KRW 25,826,00 of the price of the goods to the Plaintiff.

On the other hand, C, upon the failure to pay taxes around August 2017, at the time of seizure of C’s claim for the construction cost of the instant construction contract against C in the name of C following consultation with the Defendant, was formally cancelled, and C, upon which C, agreed to perform the remaining construction work in the name of “F” under the representative D’s personal business chain, and accordingly C, C or D completed the remaining construction work.

【Ground of recognition】 The fact that there is no dispute, Gap's 1 through 5, 10 evidence, Eul's 24 evidence, D's testimony and whole purport of pleading

2. The assertion and judgment

A. 1) The plaintiff's assertion 1: the defendant, who is a contractor of the instant construction project, concurrently assumed the defendant's obligation to pay the amount of KRW 52,680,80 to the plaintiff, who is the subcontractor of the instant construction project, and accordingly, the plaintiff prepared a written statement of direct payment from D and submitted it to the defendant in order to receive the price of the goods from the defendant. However, the defendant paid only KRW 25,826,00 to the plaintiff on August 7, 2017. As such, the defendant is obligated to pay the plaintiff the unpaid amount of KRW 26,854,80 (=52,680,800 - 25,826,00 and delay damages.