1.The judgment of the first instance shall be modified as follows:

The Defendants jointly do so to the Plaintiff and 8,794,000 won.

1. Facts of recognition;

A. The Plaintiff is a person who sells building materials in the trade name of “D”.

B. Defendant B was awarded a contract for the construction of a new urban-type residential housing (hereinafter “instant construction”) from Pyeongtaek-si F ground from E around October 18, 2012, and Defendant C is the head of the said new construction site.

C. Around November 2012, Defendant C requested the Plaintiff to supply the construction materials, such as wood, at the instant construction site, and the Plaintiff supplied the construction materials equivalent to KRW 8,794,000 from November 24, 2012 to April 26, 2013.

[Reasons for Recognition] Facts without dispute, Gap evidence 1-1, 2, 3, Eul evidence 1-1 and the purport of the whole pleadings

2. Determination

(a) Even if an agent for commercial activities under the relevant provisions does not indicate that such act is for himself/herself, such act shall be effective as against himself/herself.

If the other party does not know that he is acting for the principal, an agent may demand performance of such obligation.

(Article 48 of the Commercial Act).

According to the fact that Defendant B’s liability is recognized, Defendant C is an agent of Defendant B as the site manager of the instant construction work. Defendant C’s act of entering into a construction supply contract with the Plaintiff to carry out the instant construction work and receiving building materials constitutes a commercial activity. Thus, even if Defendant C does not indicate that it is for Defendant B, the said construction materials supply contract has its effect on Defendant B.

Therefore, Defendant B is obligated to pay the Plaintiff the above construction material price of KRW 8,794,00,00 and the delay damages pursuant to the first sentence of Article 48 of the Commercial Act.

C. According to the evidence Nos. 1-1, 2, and 3 of Defendant C’s liability, it is recognized that the receipt prepared and delivered by the Plaintiff to Defendant C, stating “C president He He has v.” in the receipt that the Plaintiff supplied the building materials to Defendant C, and in light of the above recognized facts and the developments leading to the transaction of the building materials between the Plaintiff and the Defendant C, the Plaintiff concluded with the Defendant C for the supply of the building materials for Defendant B.