1. Of the judgment of the court of first instance, the part against the defendant in excess of the following order of payment shall be revoked, and

1. Basic facts

A. The Plaintiff is a personal entrepreneur who runs the wholesale and retail business of steel products and construction materials with the trade name of “B,” and the Defendant is a corporation that runs the construction business.

B. During the period from September 26, 2013 to January 28, 2014, the Plaintiff supplied goods, such as construction materials, at each construction site during the construction site of the Cwing Station Construction Work (hereinafter “instant First Construction Work”), D Construction Work (hereinafter “instant Second Construction Work”), E Elementary School Multi-Purpose Class (hereinafter “instant Third Construction Work”).

C. The instant third project is a construction project ordered by the office of education of Chungcheongbuk-do to the Defendant. Around September 2013, the Defendant entered into a subcontract on the part of reinforced concrete construction among the instant third projects with a company Ewon Construction (hereinafter “Ewon Construction”) and the instant third projects, and Ewon Construction performed the said part of the construction project from around that time.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence No. 1 (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. The assertion and judgment

A. Of the price for the goods related to the 1,451,450 won and the price for the goods related to the 3 construction works of this case, the unpaid amount of KRW 2,905,100 out of the price for the goods supplied to the Defendant at the 1st construction site of this case is 2,905,100, and there is no dispute between the parties as to the facts that the unpaid amount of the price for the goods supplied to the Defendant at the 2 construction site of this case is 1,056,000. The Defendant confirmed that KRW 1,451,450 out of the price for the goods supplied to the Plaintiff at the 3 construction site of this case was the amount not paid by the Defendant after being supplied with the construction materials directly by the Plaintiff. According to the above facts of recognition, the Defendant is obligated to pay the Plaintiff the unpaid amount of KRW 5,412,550 (=2,905,100,000,100,1,451,450)

B. 38. Of the price of goods related to the third construction project of this case