1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

(a) basic facts.

A. The Plaintiff is a person engaged in the sales of electric lighting products in the name of "C" in the name of "Seoul North-gu, Gwangju, and the Defendant (Dabu General Construction Co., Ltd.) is a company that aims at the construction business.

B. On August 1, 2014, the Defendant received contracts from D Co., Ltd. (hereinafter referred to as “D”) for the construction of “F Urban Residential Housing” on the land outside Seoul-gun and six parcels (hereinafter referred to as “instant construction”) with the construction period from August 1, 2014 to February 28, 2015, respectively, as KRW 3,520,000 (including value-added tax).

C. The Plaintiff around February 17, 2015 and the same year

5. Around 26. Around 27.26. Total amount of KRW 16,277,80 (including value-added tax) supplied goods, such as living rooms, etc. (hereinafter “instant goods”) to the site of the instant construction work.

On May 25, 2015, the Plaintiff issued an electronic tax invoice (hereinafter “instant tax invoice”) consisting of KRW 14,798,000, the supply price of KRW 14,798,00, and the tax amount of KRW 1,479,80, which constitutes an electronic tax invoice (hereinafter “instant tax invoice”).

[Reasons for Recognition] Unsatisfy, Gap evidence 1, Eul evidence 1, the purport of the whole pleadings

2. The parties' assertion

A. Plaintiff 1) supplied the instant goods at the site of the instant construction site upon the Defendant’s request. The Defendant is obligated to pay the Plaintiff the price of 16,277,800 won for the instant goods and the delay damages therefrom. 2) Even if the Defendant is not a party to the instant goods supply contract, the Defendant is obligated to pay the Plaintiff the price for the instant goods and the delay damages therefrom, as the Defendant permitted the instant tax invoice to be issued in the name of the Defendant to G, the representative director of D, under Article 24 of the Commercial Act

B. The parties to the instant goods supply contract are G or D, and the Defendant only received the instant tax invoice from the Plaintiff upon the request of the owner of the instant construction project.

3. Determination

A. The defendant.