1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

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

1. The plaintiff's assertion is a person who runs the wholesale business in the name of "C", and D (the plaintiff withdrawn a lawsuit against D in the first instance trial) is a representative of "E" as a building company.

From January 7, 2016 to March 21, 2016, the Plaintiff supplied materials such as 20,177,000 won in total at the construction site located in Gwanak-gu in Seoul Special Metropolitan City at the construction site located in Gwanak-gu in Seoul Special Metropolitan City.

The Defendant remitted the Plaintiff KRW 5,00,000,000 on January 7, 2016, and KRW 7,000,000 on February 20, 2016, respectively, to the Plaintiff as the repayment of the said material price.

Therefore, the defendant is obligated to pay the remaining material cost of 8,177,000 won to the plaintiff.

2. The Plaintiff is seeking payment of the material price to the Defendant on the premise that the Defendant is a party to whom materials such as others were supplied by the Plaintiff, and thus, examining the payment.

According to the statement No. 1-1 and No. 2 of the evidence No. 1-2, it is recognized that some material costs have been transferred to the Plaintiff in the name of the Defendant’s account (G Bank H) or the Defendant’s name.

However, who is the party to the contract is a matter of interpretation of the intention of the party involved in the contract. Even according to the plaintiff's assertion itself, the above E's representative at the time of delivery seems to be D as the husband of the defendant according to the defendant's argument.

As a result, the plaintiff himself seems to have been aware of the supply of materials to D, the representative of E at the time, and it does not seem that the other party to the supply contract is also included in the defendant, or that the other party to the supply contract was intended to do so.

The Plaintiff entered D as the representative of E in the first complaint, and stated D’s withdrawal of the lawsuit against D while withdrawing the part of D’s withdrawal of the lawsuit, on the other hand, the Defendant remitted part of the material price to the Defendant.