1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. The following facts are not disputed between the parties, or can be acknowledged in full view of the purport of the entire pleadings in Gap evidence No. 1, Eul evidence No. 1, and evidence No. 4.

On April 24, 2013, the Defendant: (a) concluded a contract on April 24, 2013 for the construction work of newly constructing urban-type residential housing on the land of Geumdong-gu, Busan (hereinafter “instant land”); (b) the construction work price was KRW 110,00,000; and (c) the construction period was from April 26, 2013 to September 30, 2013.

B. On April 29, 2013, the Plaintiff and the supply unit price were KRW 70,180 per square meter, and the supply period was determined as the date of consumer’s request after April 29, 2013 and entered into a contract for goods supply with the Plaintiff to be supplied with ready-mixed from the Plaintiff.

(hereinafter referred to as the supply contract of this case). 2. The allegations of the parties and the determination thereof

A. The Plaintiff’s assertion: (a) the Defendant is a party to the instant supply contract; and (b) the Plaintiff supplied 321 square meters of ready-mixed to the Defendant from June 1, 2013 to August 6, 2013 pursuant to the instant supply contract; (c) the Defendant is obligated to pay the Plaintiff the remainder of 12,659,000 won of ready-mixed, excluding the amount of 8,919,860 won, which the Defendant already paid to the Plaintiff, from July 9, 2013 to August 6, 2013; and (b) even if the Party to the instant supply contract is deemed a party to the instant supply contract, the Defendant purchased the obligation of the New-mixed Construction Co., Ltd. to the Plaintiff on or around December 1, 2013, and thus, the Defendant is obligated to pay the unpaid amount of 12,659,000 won to the Plaintiff.

B. The Defendant’s assertion: (a) the Defendant is a party to the instant supply contract; (b) the Plaintiff is only required to pay the price for ready-mixeds unpaid from the Construction of Newcom Co., Ltd.; and (c) the Defendant cannot seek payment therefor from the Defendant; and (b) the Defendant is a comprehensive construction of Newcom Co., Ltd. to the Plaintiff around December 2013.