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. Comprehensively taking account of the overall purport of arguments as to the cause of the claim Gap evidence Nos. 1 through 28, the plaintiff is a business entity that sells construction materials. The defendant is a company that operates construction business for civil engineering, construction, and machinery and equipment; the plaintiff entered into a contract with the defendant to supply goods necessary for the construction work for the chemical C (hereinafter “instant construction work”); and the plaintiff can be acknowledged the fact that the defendant supplied goods equivalent to KRW 17,99,630, such as pumps, sand, PVC pipe, etc., to the defendant from December 1, 2015 to February 19, 2016. Thus, the defendant is liable to pay the price of the goods and damages for delay to the plaintiff, barring any special circumstance.

2. Judgment on the defendant's assertion

A. First of all, the Defendant asserted that D was not the Defendant but D, since it was merely subcontracted to D the structural part of the instant construction (hereinafter “the instant structural part”) and it did not conclude a contract with the Plaintiff for the supply of the instant goods.

In light of the following circumstances, the parties to a contract for the supply of the goods of this case are the defendants, in view of the descriptions of Gap's evidence 1 through 3, 6 through 28, 37 through 42, the images of Gap's evidence 29 through 36, Eul's evidence 1 and 36, the statements of Eul's evidence 1 and 3, and the testimony of the witness E of the party at the trial.

① The Defendant entered into a subcontract (hereinafter “instant Dwork”) between D and D with the construction cost of KRW 85 million (additional tax separate) and the construction period from August 13, 2015 to September 25, 2015 (hereinafter “instant Dwork”).

D at its own expense entered into a contract for the supply of goods necessary for the instant framework construction with the Plaintiff, and at the request of D, the Plaintiff delivered the goods directly to the construction site of the instant case.

(2) The defendant shall be as mentioned in the above paragraph (1).