1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

The Plaintiff, at the request of the Defendant around May 2016, provided food from June 2016 to December 2016 to the employees of the Defendant Company and his/her father. The Defendant asserts that only the food cost was paid until October 2016 and that the remainder of the food cost was not paid KRW 51,491,00.

The Defendant issued the Defendant’s business registration certificate to the Plaintiff, and the fact that the Plaintiff issued the tax invoice to the Defendant does not conflict between the parties, but the Defendant was supplied food from the Plaintiff solely on these facts.

It is insufficient to recognize that an agreement to pay food or food price has been made, and there is no other evidence to acknowledge it.

Rather, comprehensively taking account of the overall purport of evidence evidence Nos. 1 through 6 (including paper numbers) and the argument, C Co., Ltd.: (a) was awarded a subcontract for the part of D Construction Works from D on April 6, 2016 and received food from the Plaintiff from June 2016 to December 2016; (b) the Defendant’s representative E, at the request of the representative F, served as a field manager at the above construction site; (c) the Plaintiff issued a revised tax invoice indicating the revocation of the tax invoice on the food price of the instant case issued to the Defendant on January 10 and January 30, 2017; and (d) thereafter, on March 3, 2017, the Plaintiff applied for an order to pay the food price of the instant case against the Plaintiff on March 6, 2017, and (e) the Plaintiff received a payment order against the Plaintiff from the Defendant 51,491,00 won and damages for delay from the payment order finalized.

In full view of the above facts, the Plaintiff provided food from the beginning with the knowledge that he was not a defendant but a defendant.

or the defendant was known to the opposite contractual party and was providing food.