1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

1. Facts of recognition;

A. The Plaintiff is a company whose purpose is to produce and sell ready-mixeds, and the Defendant is a company that engages in reinforced concrete construction business, etc.

B. On May 30, 2014, the Defendant entered into a subcontract for construction works (hereinafter “instant contract”) with the Dong Mine Construction Co., Ltd. (hereinafter “Dongdong Construction”) during the construction period from May 30, 2014 to December 31, 2014, with respect to the drainage structure construction works (hereinafter “instant construction works”) (hereinafter “instant construction works”) as the construction cost of KRW 1,339,800,000 (amended by April 1, 2014) and the construction period of KRW 1,357,40,000 (hereinafter “instant construction works”).

C. On June 12, 2014 and July 14, 2015, the Plaintiff supplied the Defendant with ready-mixed equivalent to KRW 4,840,000 in relation to the instant construction work.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. The parties' assertion and judgment

A. 1) The parties’ assertion 1) The price for ready-mixed supplied by the Plaintiff to the Defendant was paid to the Plaintiff by the Defendant, not the same mine construction. 2) The Defendant did not conclude a contract for the supply of ready-mixed with the Plaintiff, and the Defendant did not have any obligation to pay the price for ready-mixed to

B. In light of the following circumstances, which are acknowledged by comprehensively taking into account the purport of the entire arguments as seen earlier, namely, the content of the instant contract between the Defendant and the Dong Mine Construction, including KRW 5,700,000 for ready-mixeds, and the Plaintiff agreed to bear the Defendant. The Plaintiff directly supplied the Defendant with the necessary ready-mixeds at the instant construction site according to the Defendant’s order through the construction of the Dong Mine, and the Plaintiff issued the tax invoice of KRW 4,400,00 for ready-mixeds and KRW 440,000 for the amount of tax on July 31, 2014, the Plaintiff is deemed to have concluded a contract between the Plaintiff and the Defendant for the supply of ready-mixeds.

Therefore, the defendant's 4,840,000 won and this case's compensation to the plaintiff.