1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Facts of recognition;

A. On November 201, the Defendant operated a restaurant with the trade name “D” located in Dongjak-gu Seoul Metropolitan Government, Dongjak-gu, but opened a restaurant on the second floor of the above restaurant, and ordered E to contract the interior works of the above restaurant second floor (hereinafter “instant construction site”).

B. The Plaintiff supplied interior materials at the construction site of this case upon request of E. The Plaintiff supplied them.

C. The Plaintiff received KRW 5 million from the Defendant with respect to the supply of the said materials on December 1, 2011.

The column of the F (Defendant’s wife)’s account transfer is written as “E”.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, and 4, Eul evidence 2 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination as to the cause of action

A. The gist of the parties’ assertion asserts that the Plaintiff supplied the Defendant with interior materials equivalent to KRW 12,334,500 from November 21, 201 to December 10 of the same year, and received reimbursement of KRW 5 million out of the price of supply. The Plaintiff asserts that the Defendant paid the remainder of the price of supply, KRW 7,865,00, and interest for delay.

As to this, the defendant did not conclude a contract with the plaintiff on the supply of materials, and the plaintiff seems to have concluded a contract on the supply of materials with E, and the defendant asserts that the plaintiff cannot respond to the plaintiff's claim since he paid all the contract price to E.

B. The lower court’s judgment and the evidence submitted by the Plaintiff alone concluded a material supply contract between the Plaintiff and the Defendant.

It is insufficient to recognize that the Defendant entered into an agreement with the Plaintiff to pay directly the price of the materials supplied to the Plaintiff at the instant construction site (the Defendant’s signature and seal is not the Defendant’s signature and seal in the column of underwriters of 1-7 (Transaction List) of evidence A4, and only written E’s name and signature and seal in the column of underwriters No. 4-7 of evidence A. 4).