1. Of the judgment of the court of first instance, the part against the Plaintiff A, which orders payment below, shall be revoked.

1. Basic facts

A. Plaintiff A is a person engaged in wholesale and retail business of chemical medicine with the trade name of “D,” Plaintiff B (hereinafter “Plaintiff B”) is a company that engages in wholesale and retail business of chemical medicine, and the Defendant is a person who engages in the business of chemical products with the trade name of “E.”

B. The Defendant was awarded a contract with the FF Co., Ltd. for a part of G Highway 11 construction sections, and the Plaintiff A was subcontracted by the Defendant around June 2017 with the construction that installs a “refrat-type starting sign” sign to H during the said construction (hereinafter “instant construction”).

C. On June 23, 2017, Plaintiff B supplied 50 road signs of landfill type (hereinafter “instant product”) to the Defendant in half-finished goods at KRW 22,825,000 (including value-added tax). The Defendant brought the instant product processed and completed into the construction site.

On June 2017, the Plaintiff completed the instant construction work.

After that, around September 25, 2017, problems have been discovered such as that the road signs installed as above do not fall or fall on the road, and the defendant removed and reconstructed the above road signs upon receiving a request for repair of defects from FF Co., Ltd. on or around March 2018.

[Ground of recognition] Facts without dispute, Gap 1, 2 evidence, Eul 1 to 9 evidence or images, the purport of the whole pleadings

2. Determination as to Plaintiff A’s claim

A. Comprehensively taking account of the overall purport of the pleadings as to the statement No. 1-1 of the judgment on the cause of the claim, Plaintiff A received a contract from the Defendant for the instant construction project, which is KRW 4,653,00 (including value-added tax) around June 2017, and Plaintiff A completed the instant construction project on June 30, 2017.

Therefore, barring special circumstances, the defendant is obligated to pay the plaintiff A KRW 4,653,00 and damages for delay.

B. When the defendant's assertion and determination 1 defendant's assertion are installed on the road, the height of the product can be the same as the height of the road surface.