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

1. Basic facts

A. On February 13, 2012, the Defendant awarded a contract for the construction of a local campus I-SMAT business incubator (hereinafter “instant construction”). On May 2012, 2012, the part of the instant construction work, among the instant construction work, to Epublic Alcen Construction Co., Ltd. (hereinafter “Epublic Alcen Construction”), was awarded KRW 418,110,000 for construction cost.

B. E re-subcontracted the structural construction from the Defendant to E, which operated F with respect to the structural construction from among the structural construction, straw, and tidal construction subcontracted by the Defendant, and E re-subcontracted the said structural construction to the construction of a limited liability company (i.e., the said company is used as the “sais construction,” and (ii) the said company is used as the “sais construction”).

C. On February 2012, the Plaintiff, while serving as the Defendant G, supplied building materials equivalent to KRW 66,04,440 (including value-added tax) in total at the instant construction site from February 27, 2012 to November 27, 201, upon receiving a request from B, who was appointed as a quality controller for the instant construction project, to supply the building materials at the instant construction site.

From June 25, 2012 to January 23, 2013, the Defendant paid a total of KRW 46,545,000 to the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence 3, Gap evidence 6-1, 2, Gap evidence 9, Gap evidence 10-1 through 261, Gap evidence 11-1 through 7, Eul evidence 10, 12-1 through 3, Eul evidence 13-1 through 15, Eul evidence 15, witness B and Eul evidence, the purport of whole pleadings, and the purport of whole pleadings

2. Judgment as to the main claim

A. The gist of the Plaintiff’s assertion B is the head of the site of the instant construction, who was duly authorized to conclude a commodity contract on the purchase of construction materials necessary for the said construction work. The Plaintiff is the construction materials equivalent to KRW 66,04,440 in total at the construction site of the instant construction project in accordance with the commodity contract concluded with B on behalf of the Defendant.