1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's claim corresponding to the revoked part is revoked.

1. Facts of recognition;

A. The Defendant is the contractor of the new construction of the C building, and among the construction of the said C building, concluded a contract for materials supply to be supplied by the Plaintiff with the materials required for each of the instant construction works, and D concluded a contract for materials supply to be supplied by the Plaintiff with the materials required for each of the instant construction works.

B. On June 2, 2017, the Plaintiff, the Defendant, and D agreed on the payment of materials related to each of the instant construction works (hereinafter “instant direct payment agreement”) and the main contents are as follows.

1. With respect to the supply contract of materials concluded on June 1, 2017 with the Plaintiff for the implementation of each of the instant construction projects, the Defendant shall pay the price for the materials under the material supply contract to the Plaintiff directly from the progress payment that occurs each month in accordance with the construction contract.

2. The method and procedure for the direct payment of materials price;

A. The Defendant, D, and the Plaintiff shall examine the monthly volume of materials brought in and confirm the quantities of materials supplied for each item of the pertinent month and the total amount of materials.

B. D and the Plaintiff shall prepare and affix a written confirmation of the supply of materials in which the quantities of the materials by item and the total prices of the materials by item of the pertinent month are stated, and D shall submit to the Defendant a written confirmation of the supply of the materials each month along with the written request

(c) The Agreement on the Payment of Materials Prices is unrelated to the total contract amount under the material supply contract concluded between D and the Plaintiff, and shall be directly paid for the total amount stated in the written confirmation of the material supply contract submitted to the Defendant each month.

The details that the Defendant directly pays to the Plaintiff are limited to each of the materials supply contracts entered into between D and the Plaintiff, as well as the LVB/T items.

E. The total quantity and contract amount of the material supply contract entered into between D and the Plaintiff shall be irrelevant to the Defendant, and D and the Defendant may modify the material supply contract upon consultation.

F. After D’s filing of a claim for objection, the Defendant has filed a claim for objection.