1. The defendant shall pay 81,694,800 won to the plaintiff and 15% per annum from November 20, 2018 to the day of complete payment.

1. Basic facts

A. The Plaintiff is a company that manufactures and sells comprehensive concrete products.

B. From February 14, 2018 to April 16, 2018, the Plaintiff supplied asphalt containers for the floor-to-land packing on four occasions to the construction site of a new factory construction company in Seongbuk-si General Industrial Complex, for which the Defendant received a supply, and the price is KRW 81,694,80 (including value-added tax).

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1 and 2, the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's assertion was ordered by the defendant and supplied AScon, and the defendant is obligated to pay the price to the plaintiff.

B. The Defendant’s assertion was subcontracted the floor asphalt packing construction to Nonparty E Co., Ltd. (hereinafter “E”), and was supplied with asphalts from the Plaintiff for the construction work that he received.

Therefore, the party who is obliged to pay the price for the license is not the defendant of the case.

3. Determination-The supplied Party shall be the Defendant.

A. According to the statements in Gap evidence No. 5 and the testimony of the witness F (E's representative), it is recognized that the defendant awarded a subcontract to E for the floor asphalt packing work among the works for the new construction of the Sungju Factory Construction Co., Ltd., and completed E.

B. However, in addition to the above evidence and the statement in Gap evidence No. 3, E received only a part of construction using equipment among the floor asphalt packing work and agreed to supply for the packing work by the defendant's direct purchase and supply. Accordingly, it is recognized that the person who requested the plaintiff to supply for the container was the head of the defendant's site.

Since construction parts using equipment and material supply parts were separated and concluded, between E and the Defendant, the contractor, and between E and the Defendant, the supplier, and between the Plaintiff and the Defendant.