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. The plaintiff's assertion is a company that engages in wholesale and retail business such as joint board, wood, and building materials, and the defendant is a company that engages in construction and engineering work, etc.

The Defendant was awarded a contract for the construction of reinforced concrete (hereinafter “instant construction”) from among the construction of the Seongbuk-dong 736-4 Seongbuk-dong 736-4 Seongbuk-dong Construction Co., Ltd. (hereinafter “instant construction”).

From October 2015 to December of the same year, the Plaintiff supplied the materials to the Defendant at the construction site of this case, and the Defendant paid only part of the price of the materials and did not pay the remainder.

Therefore, the Defendant ought to pay to the Plaintiff KRW 11,073,951 of the remaining material price as a contracting party to a material sales contract. ② Even if the Defendant is not a contracting party, the Defendant concurrently acquired the obligation to pay the material price to the Plaintiff of E&S Construction Co., Ltd. (hereinafter “E&S Construction”), and thus, the said material price should be paid.

2. According to the evidence evidence Nos. 1 and 3, the Plaintiff’s provision of 27,605,767 won, and new transmission note, etc. at the construction site of this case from October 21, 2015 to December 28, 2015, and the fact that the Plaintiff received KRW 16,531,816 from the Defendant on January 15, 2016, is recognized.

However, according to the descriptions of the evidence Nos. 1 to 4, the following facts are recognized.

① On August 20, 2015, the Defendant subcontracted the structural part of the instant construction in KRW 470,000,000 among the instant construction to E&S construction, and the Defendant supplied steel bars and ready-mixed materials.

② From October 21, 2015 to December 28, 2015, with respect to materials, such as joint plates supplied by the Plaintiff at the construction site of the instant case, a detailed list of transactions indicating the opposite contractual party as E&S Construction was prepared, and the acceptance of E&S construction was confirmed.

③ After the above subcontract contract, the Defendant paid E&S in excess of the construction cost of the said subcontract to E&S as the High Government Branch Decision 2016Kahap1267.