1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. The Defendant was awarded a subcontract for reinforced concrete (bridge) and civil engineering works, etc. among the works ordered by the Korea Rural Community Corporation from Samyang Construction Co., Ltd., on March 8, 2013. On March 8, 2013, the Defendant provided a sub-subcontract to the said reinforced concrete (b) construction works, such as fluorries and concrete building works (hereinafter “instant construction works”).

After that, B made a lump sum subcontract for the instant construction work to C.

B. The Plaintiff entered into a contract with C to supply the building materials at the instant construction site (hereinafter “instant goods contract”). From June 19, 2013 to July 12, 2013, the Plaintiff supplied the building materials equivalent to KRW 7,019,100 (hereinafter “instant construction materials”). The Plaintiff entered into the said contract and presented the Defendant’s business registration certificate at the time of delivery, and issued a tax invoice for the instant construction materials to the Defendant at the Defendant’s request.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 5 (including paper numbers; hereinafter the same shall apply), Eul evidence Nos. 1, 5, and 6, witness B, and C's testimony, the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. Since the Plaintiff’s assertion 1 C entered into the instant goods contract on behalf of the Defendant and received the instant construction materials, the Defendant is obligated to pay KRW 7,019,100 for the instant goods to the Plaintiff. Even if C had no legitimate authority to act for the Defendant on or around the end of June 2013, even if there was no legal authority to act for the Plaintiff as a person responsible for the instant construction work, C, which was at the instant construction site, issued the Defendant’s business registration certificate to the Plaintiff, and issued a tax invoice in the Defendant’s future, etc., and the Plaintiff believed that C had a legitimate authority to act for the Defendant at the instant construction site.