1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. The costs of lawsuit in the first and second instances shall be borne by the Plaintiff.

1. Basic facts

A. On February 16, 2015, the Defendant entered into a construction contract with C for the construction of officetels on the land B of Dobong-gu Seoul Metropolitan Government (hereinafter “instant new construction”). The Plaintiff is a corporation that manufactures and engages in wholesale business, such as single heat materials and building materials, with the trade name “SPP industry”.

B. The Plaintiff from March 30, 2015 to the same year

6. By September, this case’s new construction site supplied construction materials equivalent to KRW 15,79,265, such as PVC pipes, to the construction site of this case, and prepared a transaction statement stating that “A president has returned” for each transaction.

C. On May 7, 2015, the Plaintiff issued one copy of the tax invoice stating the Defendant’s resident registration number and name in the “person supplied” column.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. Summary of the parties’ assertion

A. Since the Plaintiff entered into a contract for the supply of building materials with respect to the instant new construction project and received building materials from the Plaintiff, the Defendant is obligated to pay the price of the instant building materials.

B. The Defendant only entered into a contract for construction works related to the instant new construction works with Defendant C, the contractor, and the person who entered into a contract for construction materials supply with the Plaintiff and received directly from the Plaintiff is C, and thus, the Defendant is not obligated to pay the price.

3. In full view of the respective descriptions of Gap evidence Nos. 1 through 3, Eul evidence Nos. 1 through 1, 2, 5, 8, and 9, and witness of the first instance trial, and the purport of the witness of the first instance trial as a whole, Eul undertaken the new construction of this case with building materials supplied by the plaintiff as the contractor of the construction contract, ② The "person supplied" of the tax invoice of this case is the same as C's e-mail address as C's e-mail address, ③ the tax invoice of this case is the same as C's e-mail address as C's e-mail address.