1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

1. Facts of recognition;

A. The Plaintiff is a person who runs a wholesale and retail business of construction materials under the trade name of “C”.

B. The Plaintiff between January 2018 and the same year

3. By October, 300, the asbestos text replacement work at schools, such as D Middle Schools, E Middle Schools, Franc, Granc, etc. (hereinafter “instant construction”) supplied materials, including text and steel materials, to the site.

[Ground of recognition] Unsatisfy, Party A’s partial entry of Party A’s evidence, the purport of the whole pleadings

2. The assertion and judgment

A. The gist of the parties’ assertion 1) The Defendant awarded a subcontract to H only the portion of wage construction during the instant construction works which the Defendant received by himself, and paid the amount of materials necessary for the construction works to the Plaintiff. Ultimately, the Plaintiff entered into a supply contract with the Defendant, directly, or with H, the Defendant’s agent, and ratified H’s act of non-authorized representation, such as directly paying part of the amount of goods to the Plaintiff.

(2) Accordingly, the Defendant is obligated to pay to the Plaintiff the remainder amount of KRW 23,274,260 (i.e., KRW 114,247,760 - 90,973,50) on the instant construction site, on the grounds that the instant construction site was supplied with text, steel materials, etc., equivalent to KRW 114,247,760,760, and only KRW 90,50 among them were reimbursed. (ii) The Defendant did not conclude a supply contract with the Plaintiff, nor did he granted the authority to conclude a supply contract with H, and did not ratification the act of non-authorized representation of H.

(B) The Defendant only awarded a subcontract for the instant construction work and paid a subcontract price in full to H.

In light of the reasoning of the judgment of this court, we examine whether the Plaintiff entered into a supply contract with the Defendant, and whether H entered into a supply contract with the Defendant on behalf of the Defendant with the power to conclude the supply contract and delegated the supply contract with the Defendant, and examine the overall purport of the pleadings, i.e., evidence Nos. 3, and evidence Nos. 8-13 (including the paper number) from the Defendant.