1. The plaintiff's claim is dismissed.

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

The Defendant asserted by the Plaintiff by the Plaintiff. In 2015, the Defendant: (a) executed the new construction of a detached house in the Gyeong-gun, Gyeongnam-gun, and the new construction of a collective housing (hereinafter “each of the instant construction”) in the same Gun D; (b) requested Nonparty E to supply the necessary construction materials for each of the instant construction works to the Plaintiff, who operates the “F”.

The non-party G, who was in fact in charge of the operation of “F” as the Plaintiff’s employee, was promised to pay the construction materials supplied to E to the Plaintiff directly from H, the Defendant’s actual inspector, and the Plaintiff supplied the construction materials equivalent to KRW 69,186,902 at each construction site of this case from December 2, 2015 to January 31, 2016 (hereinafter “instant construction materials”).

Therefore, as a party to the above building material supply contract or as a guarantor of the construction material price liability for the Plaintiff, the Defendant is obligated to pay the Plaintiff KRW 69,186,902 as the price of the building material in this case and delay damages therefor.

The defendant's assertion E is merely a person awarded a subcontract for a framework construction among each of the instant construction works from the defendant, but is not a representative of the defendant, and the defendant does not have promised to pay the price of the instant construction materials directly to the plaintiff.

Judgment

Plaintiff

The argument appears to the effect that, as a whole, H, the Defendant’s actual owner, promised to pay the construction material price to the Plaintiff directly even if E is or is not an agent at the construction site of this case.

First of all, there is no evidence to acknowledge that E has entered into a building material supply contract on behalf of the Defendant as an agent at the construction site of this case, and rather, according to the overall purport of the statement and pleading No. 1, it is recognized that the Defendant subcontracted the structural construction of this case to E on October 26, 2015 and December 2, 2015.