1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

1. Basic facts

A. The Plaintiff is a juristic person established for the purpose of manufacturing and selling machinery and parts, and the Defendant is a juristic person established for the purpose of constructing, constructing, maintaining and repairing industrial facilities of oil/refined factories.

B. On June 2013, the Plaintiff entered into a contract with B, who used the Defendant’s name as “the head of the construction department” (hereinafter “instant contract”) to supply broadband shock machines (KSB200) and BITE IP (part) (hereinafter “instant goods”) and supplied the instant goods as the Defendant’s factory.

C. The Plaintiff issued a tax invoice on the instant goods (total of KRW 12,529,000 on June 10, 2013 and on June 26, 2013) to the Defendant, and the Defendant reported this to the competent tax office.

On June 5, 2013, the Plaintiff received KRW 3 million from B as the down payment under the instant contract.

E. On July 3, 2013, the Defendant entered into a contract with B to subcontract the pipeline construction among the Gyeyang-si Factory Construction Corporation.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 3, Eul evidence 1 and 6 (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. The parties' assertion

A. First, the Plaintiff entered into the instant contract with the Defendant and supplied the instant goods to the Defendant, so the Defendant is obligated to pay KRW 9,529,000, which is the price for the goods unpaid, and delay damages therefor.

Even if the defendant is not a party to the contract of this case, the defendant should allow B to conduct business by using a name named as the chief of the defendant's construction division, and thus, the defendant should pay the plaintiff the unpaid goods price to the plaintiff as the nominal lender under Article 24 of the Commercial Act who has transacted with the defendant's mistake as a party to the

B. The defendant defendant B is about the piping Corporation among the construction works of the Gyeyang-si Factory Construction Corporation.