1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The judgment of the court of first instance.

1. Basic facts

A. On May 22, 2012, the Defendant awarded a contract amount of 588,00,000 won to a joint Defendant limited partnership company of the first instance trial (hereinafter “A”), and the said contract amount was changed to KRW 706,80,000 thereafter.

B. On November 28, 2012, A entered into a contract with the Plaintiff to be supplied with asphalt and aggregate for the instant construction and received from the Plaintiff four times from November 30, 2012 to May 9, 2013.

[Ground of recognition] Facts without dispute, Gap evidence 1, 3, 4, Eul evidence 1 and 2 (including each number, if any) and the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion that the Plaintiff provided A with a license agreement and aggregate, and the Plaintiff and the Defendant agreed to receive direct payment from the Defendant. Accordingly, the Plaintiff supplied A with a license agreement and aggregate equivalent to KRW 60,652,90 from November 30, 2012 to May 9, 2013.

Nevertheless, as the Defendant paid only KRW 3,646,50 to the Plaintiff on April 26, 2013, and did not pay the remainder, the Defendant is liable to pay the remainder of KRW 57,006,40 to the Plaintiff in collaboration with Co-Defendant A and B in accordance with the above direct payment agreement.

B. The following facts are acknowledged according to the testimony of Gap 1, 2, Eul 3 through 12 (including each number, if any) and witness E, F, and I of the first instance trial witness I of the case.

① At the time of the supply to A, the Plaintiff determined that the ability to pay A was uncertain at the time of the supply of asphalts and aggregate to A, and decided that A and the Defendant would not pay the price in cash or supply goods if the Defendant would not pay the price directly.

(2) A shall be.