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. Facts of recognition;

A. The Plaintiff is a company that produces and sells construction materials, such as ready-mixeds, and the Defendant is the contractor of the same coal zymb plant construction works (hereinafter “instant construction works”), and Taesung F&C Co., Ltd. (hereinafter “T&C”) is a sewage supplier that has been subcontracted by the Defendant for incidental civil works among the instant construction works.

B. From September 1, 2011 to April 26, 2012, the Plaintiff supplied ready-mixeds equivalent to the total quantity of KRW 4,096lus and the total price of KRW 225,435,870 at the instant construction site. The Plaintiff received total amount of KRW 211,319,900 from the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 6, 10 (including additional number), the purport of the whole pleadings

2. Determination

A. According to the above facts, barring any special circumstance, the defendant is obligated to pay the remaining amount of 14,115,970 won for ready-mixed (=25,435,870 won - 211,319,900 won, and hereinafter the corresponding ready-mixed) to the plaintiff, barring any special circumstance.

B. The Defendant’s assertion 1) First, the Defendant asserts that the instant ready-mixed was supplied to a non-defendant who is not the Defendant under a separate contract concluded with the Plaintiff. The Defendant is not obligated to pay the price for the instant ready-mixed. The following circumstances are as follows: (i) the Plaintiff supplied ready-mixed to the construction site of this case according to the ready-mixed supply contract concluded with the Defendant, and (ii) there is no dispute between the parties to the instant ready-mixed, and (iii) the Plaintiff supplied only 1/20 of the entire ready-mixed supplied to the construction site of this case, which corresponds to the Defendant’s assertion that only 1/20 of the entire ready-mixed supplied by the Plaintiff to the construction site of this case, was supplied under a separate contract with the Defendant, and thus, the Defendant is unable to trust the indication of the fact confirmation certificate by the Defendant employees B, and the testimony by the witness alone is insufficient to recognize it.