1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Basic Facts

The Defendant is the owner of the Naju-si Construction Corporation for Multi-household Housing (hereinafter “instant construction”), and C is the contractor of the instant construction, and the co-defendant D of the first instance court is a corporation established for the purpose of manufacturing and construction business, etc.

From the construction site of this case to August 30, 2014, the Plaintiff supplied 48,552,856 won of windows, language, etc.

[Ground of recognition] The facts without dispute, Gap evidence No. 1, and the purport of the entire argument of the parties to the plaintiff's assertion of the purport of the whole pleadings are concluded between the plaintiff and the defendant. Thus, the defendant is obligated to pay the plaintiff the price of the goods payable to the plaintiff and the damages for delay.

Even if not,

Even if the defendant agreed to pay the above goods to the plaintiff, the defendant is obligated to pay the above amount of 10,004,291 won and damages for delay to the plaintiff.

The summary of the Defendant’s assertion is that the contract for the supply of goods to the construction site of this case was concluded between the Plaintiff and C, and the Defendant did not conclude a contract for the supply of goods with the Plaintiff, and the Defendant paid the construction cost

Judgment

The evidence submitted by the Plaintiff, including evidence No. 3 (including paper numbers; hereinafter the same shall apply) on the assertion that the Defendant is a party to a goods supply contract, is insufficient to recognize that the Defendant entered into a goods supply contract with the Plaintiff for the supply of building materials, such as title and helper, etc., and there is no other evidence to acknowledge it.

Rather, the following circumstances are revealed by comprehensively taking account of the facts of recognition as seen earlier, the evidence as seen earlier, the entry of evidence No. 2, and the overall purport of the pleadings, namely, ① the Plaintiff and the Defendant’s goods supply contract for the construction site of this case.