1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

1. Basic facts

A. The Plaintiff is a person who sells electric wires, etc. with the trade name “C” in Busan B, and the Defendant is a company established for the purpose of electrical construction business.

B. In around 2015, the Defendant was awarded a contract for electricity, telecommunications, and fire fighting (hereinafter “instant construction”) among the construction works of the Busan-gu Office Officetel, Busan-gu Office Office (hereinafter “instant construction works”). The construction amount of the instant construction works was set at KRW 295,50,000 and subcontracted again to E.

C. On July 2015, the Plaintiff entered into a contract with E to supply electrical materials necessary for the instant construction project. At the time of the conclusion of the contract, the Plaintiff, E, and the Defendant agreed to pay the said electrical materials directly to the Plaintiff.

From July 2015 to August 27, 2016, the Plaintiff supplied electric materials at the construction site of the instant construction project. From August 31, 2015 to August 31, 2016, the Plaintiff issued a tax invoice under the Plaintiff’s name on electric materials worth KRW 78,068,749 in total as the person being supplied with the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 4-2, the purport of the whole pleadings

2. As seen earlier, the Plaintiff issued a tax invoice amounting to KRW 78,068,749 (hereinafter “instant tax invoice”) with respect to the materials supplied at the construction site of the instant construction project. However, each of the following circumstances acknowledged by evidence, evidence, evidence Nos. 3, 4, 7, and evidence Nos. 1 and 2 (including the serial number), witness E’s testimony and the entire pleadings, namely, (i) the Plaintiff ordered the Plaintiff to supply the necessary materials at the Defendant’s request by the Defendant’s employee F, and (ii) the Defendant appears to verify the specific details of the materials supplied at the construction site of the instant supply process; and (iii) the Plaintiff on August 29, 2016.