1. The part against the defendant in the judgment of the first instance shall be revoked;

2. The plaintiff's claim against the defendant is dismissed.

3...

1. Facts of recognition;

A. The Defendant is the owner of the six new construction works of the 6 unit of the first ground detached house (hereinafter “instant construction”) in smuggling, E, F, G, H, and I, and C is the contractor of the instant construction project who runs the construction business under the trade name of J.

B. From June 2, 2015 to September 2, 2015, the Plaintiff operating K supplied construction materials equivalent to KRW 37,039,200, which were not paid for the amount of KRW 7,039,200 among them.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Summary of the parties' arguments;

A. The Plaintiff 1) The goods supply contract for the construction site of this case was concluded between the Plaintiff, Defendant, and C. As such, the Defendant is obligated to pay the Plaintiff the amount of KRW 7,039,200 for the goods unpaid and the delay damages therefor. 2) Even if not, it is not so.

Even if the Defendant, at the Plaintiff’s request on June 25, 2015, entered into a written request for payment (Evidence 3) with the Defendant to request the payment of KRW 15 million to the Lcredit Cooperatives (hereinafter “LF”) which is the Construction Support Funds (hereinafter “LF”) at the Plaintiff’s request, and agreed that the Defendant shall be liable within the limit of KRW 15 million to the Plaintiff, so the Defendant is obliged to pay the said unpaid amount of KRW 7,039,200 and delay damages therefor to the Plaintiff.

3. In addition, since the Defendant directly visited the Plaintiff after preparing a written request for payment and purchased building materials, the goods supply contract was concluded between the Plaintiff and the Defendant after preparing the written request for payment.

Therefore, since the above amount of the unpaid goods is related to the construction materials supplied after the above payment request, the defendant is obligated to pay to the plaintiff the unpaid goods price of KRW 7,039,200 and damages for delay.

B. The goods supply contract with the Defendant at the construction site of this case is between the Plaintiff and C.