The judgment of the first instance shall be revoked.

All of the plaintiff's claims are dismissed.

All costs of the lawsuit shall be borne by the plaintiff.

1. Basic facts

A. The Plaintiff is a company that runs a wholesale and retail business of construction materials under the trade name of “C,” and the Defendant is a company that runs a construction business, etc.

B. On April 6, 2018, the Defendant concluded a construction contract with D Co., Ltd. (hereinafter “Nonindicted Company”) under which the Defendant would contract the construction work of machinery and equipment at KRW 41,250,000 [pre-paid payment: No advance payment; no progress payment: once a month; and payment within 30 days after the approval for use of the building] among the construction work of building E located in Seongbuk-gu, Seongbuk-gu (hereinafter “instant construction work”).

C. After that, on May 19, 2018, the Defendant concluded a contract for a construction project with a non-party company with the content that the construction cost of urban gas facilities is KRW 11,00,000 (no contract amount, the intermediate payment (60%) during the instant construction project, and the remainder: within 15 days after approval for use of the building.

From May 23, 2018 to May 29, 2018, the Plaintiff supplied the construction materials of KRW 7,785,267 (hereinafter “instant construction materials”) in total, including construction materials equivalent to KRW 7,260,389, and the construction materials equivalent to KRW 524,878, Jun. 12, 2018.

E. On the other hand, on June 16, 2018, Nonparty Company sent text messages to the Defendant to waive each of the above works.

【Ground of recognition】 The fact that there has been no dispute, entry of Eul Nos. 1 through 4 (including branch numbers, if any; hereinafter the same shall apply) and the purport of whole pleadings

2. Judgment as to the main claim

A. The Plaintiff’s assertion 1) concluded a supply contract for the instant building materials with the Defendant, and supplied the instant building materials at the instant construction site. As such, the Defendant is obligated to pay the Plaintiff the price of materials, KRW 7,785,267, and delay damages therefrom. 2) Even if the Defendant is not a party to the instant building materials supply contract, the Defendant is liable to pay the Plaintiff several times from May 21, 2018 to June 11, 2018.