1. The plaintiff's claim is dismissed.

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

Basic Facts

The plaintiff is engaged in steel wholesale retail business with the trade name of "C", and the defendant is engaged in indoor construction business, etc. with the trade name of "D."

From the end of March 2014 to April 2014, the Plaintiff supplied steel materials of KRW 69,628,724 at the site of the F’s construction of the company building in Daegu E Co., Ltd. (hereinafter “instant construction”).

[Grounds for Recognition] In the absence of dispute, Gap evidence Nos. 1, 6, 10 through 14, Eul evidence Nos. 2, 3, and 4 (including serial numbers), and the grounds for the claim as a whole for the purport of the whole pleadings were known to the parties to the determination as to the grounds for the claim, and the plaintiff-friendly offer G to supply the materials to the construction site of this case, but the contractor tried to suspend the supply of materials with the knowledge that the contractor is the defendant who operates the artificial management company without the construction work experience.

However, through H, who is a field manager, continued to supply materials after hearing the statement that the Defendant would pay the price of the goods without problem, and received 48,000,000 won as part of the goods from the Defendant and issued the tax invoice to the Defendant.

Therefore, inasmuch as a goods supply contract was concluded between the Plaintiff and the Defendant, the Defendant is obligated to pay to the Plaintiff the amount of KRW 21,628,724 (=69,628,724), - 48,000,000).

Defendant H paid the price of the goods directly to the Plaintiff on the ground that the instant construction project was subcontracted in a lump sum to Defendant H and that H did not properly execute the construction cost, and there was no fact that it concluded a contract with the Plaintiff for goods supply.

Judgment

According to Gap evidence Nos. 3, 4, and 5 and witness H's testimony, if H resides at the construction site of this case and sending the defendant's husband I a written request for settlement of business name, account number, construction amount, etc. and a detailed statement of equipment use, etc., the defendant directly paid to the subcontractor, etc., and the other party to the tax invoice issued is the defendant, and H is daily to the plaintiff.