1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

1. Basic facts

A. The Plaintiff is a person who engages in steel and dry retail business with the trade name of “C,” and the Defendant is a corporation engaged in construction business, etc.

B. On December 7, 2015, D awarded a contract to the Defendant for a new construction project of a multi-family unit on the ground, such as Jinjin-gun E, Ulsan-gun, with the construction cost of KRW 1.566 billion (including value-added tax; hereinafter the same shall apply) and the construction period from December 7, 2015 to June 30, 2016.

C. On January 7, 2016, F awarded a contract to the Defendant for the construction of multi-households on the ground, such as G in Ulsan-gun G (hereinafter “instant construction”) with the construction cost of KRW 1 billion and the construction period from January 7, 2016 to August 30, 2016.

On December 10, 2015, the Defendant subcontracted the instant construction project to H (hereinafter referred to as “H”) with the contract price of KRW 712 billion and the construction period from December 10, 2015 to June 30, 2016.

E. On January 10, 2016, the Defendant subcontracted the instant construction to H with the contract price of KRW 712 billion and the construction period from January 10, 2016 to August 30, 2016, excluding the subcontracted construction stipulated in the said paragraph, among the instant construction works.

F. The Plaintiff received a request from I for the supply of steel and drieds necessary for the instant construction, and supplied steel and drieds (hereinafter “instant supply contract”), but failed to receive some of the price of steel and drieds.

[Ground of recognition] Facts without dispute, Gap-4, 8, 9 evidence, Eul-1, 2, 3, 4, 8 evidence, the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's assertion entered into a contract for the supply of the goods of this case with I with the authority of representation as the defendant's on-site director, with the purport that the plaintiff will deliver to the defendant the goods necessary for the instant construction, so the defendant as a party to the contract, who is a party to the contract, with the amount of KRW 104,627,600 for the goods unpaid under the goods supply contract of this case,