The judgment of the first instance shall be revoked.

The plaintiff's claim is dismissed.

All costs of litigation shall be borne by the plaintiff.

purport.

1. (1) On June 12, 2014, the Plaintiff entered into a contract with the Defendant on the basis of the claim (hereinafter “instant contract”) under which the Plaintiff and the Defendant enter into a contract with the Defendant for the supply of “C hotel interior services” (hereinafter “instant construction”) materials to KRW 143 million (including value-added tax; hereinafter the same shall apply).

(2) The contractor of the instant construction works is Nonparty E Co., Ltd. (hereinafter “Nonindicted Company”), and the said construction site was Vietnam E Co., Ltd., but the Defendant received materials from the Plaintiff pursuant to the instant contract, and transported them to D, as an employee of the Nonparty Company, to the site manager of the instant construction works.

(3) The Plaintiff supplied materials under the instant contract to the Defendant by August 2014, and the Defendant paid KRW 143 million to the Plaintiff.

(4) The above facts are either disputed between the parties, or acknowledged by each entry of Gap evidence 1 and 2, testimony of the first instance court witness D and the purport of the whole pleadings, and there is no evidence that interferes with this.

2. Judgment on the plaintiff's claim

A. The plaintiff's assertion supplied materials equivalent to KRW 42,148,700 in addition to the quantity stipulated in the contract of this case at D's request. Since the plaintiff settled the price of D and the above goods at KRW 36,300,000, the defendant is obligated to pay KRW 36,300,000 and damages for delay to the plaintiff.

B. Reviewing the reasoning of the judgment, following the witness D’s testimony, and evidence Nos. 3 through 12, the Plaintiff confirmed the materials, etc. to be supplied by sending a quotation to the employees of the non-party company other than the Defendant from the time of the contract of this case. ② After the supply of all the materials under the contract of this case, the Plaintiff received a request for supply of additional materials equivalent to KRW 42,148,70 from D and supplied the said additional materials to D located at the site of this case on August 2014, and ③ the Plaintiff settled the said additional materials as KRW 36,30,000 around December 2014.