1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On December 11, 2012, the Defendant entered into a contract for the construction of the Defendant’s factory on the ground of the 1B7L ground in the Nam-gu Seoul Special Metropolitan City, Ulsan-do, Seoul Special Metropolitan City, for the construction of the Defendant’s factory on the ground of the 1,012,000,000 won for the construction cost (hereinafter “instant construction”).

B. Meanwhile, on February 25, 2013, the Plaintiff entered into a contract with the Defendant for the supply of ready-mixeds equivalent to the total quantity of KRW 1,80,140,000 in total at the construction site of the instant construction site, and the Plaintiff supplied ready-mixeds equivalent to KRW 3,810,840 from March 20, 2013 to March 26, 2013 (hereinafter “respers”) and KRW 90,710,180 from April 1, 2013 to November 12, 2013 (hereinafter “respers”).

C. On April 30, 2013, the Plaintiff issued a tax invoice with the recipient as the Defendant, and received KRW 3,810,840 from the account opened in the name of the Defendant.

② With respect to ready-mixed, the Plaintiff issued a tax invoice with the recipient as E.S., and from May 31, 2013 to October 25, 2013, the Plaintiff received 64,235,600 won in total from the account in the name of E.S. (hereinafter “instant account”) (hereinafter “instant account”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 5 (including branch numbers, if any), Eul evidence Nos. 1 through 6, and the purport of the whole pleadings

2. The allegations and judgment of the parties

A. The plaintiff asserts that the plaintiff is the defendant as the party to the goods contract on ready-mixed (hereinafter "the goods contract of this case"). The defendant asserts that the defendant is obligated to pay to the plaintiff the above goods supply price of ready-mixed (=90,710,180 won-64,235,600 won) and damages for delay.

In regard to this, the defendant includes the above amount of the contract for the construction of this case, and the parties to the goods contract of this case.