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.

1. Facts of recognition;

A. On July 2015, the Defendant contracted 376,200,000 won for reinforced concrete construction among the new construction works for multi-household houses on the E-ground, Seopopoposi, E-si.

B. On July 2015, C requested that the Plaintiff supply materials to be used to the said Corporation.

C. On July 31, 2015, the Plaintiff issued an electronic tax invoice of KRW 5,582,830 (including value-added tax; hereinafter the same shall apply) to the Defendant, and received KRW 5,582,830 from the Defendant on August 4, 2015.

The Plaintiff issued each electronic tax invoice of KRW 4,292,750 on August 31, 2015, KRW 1,874,290 on September 30, 2015, KRW 5,379,572 on October 31, 2015, and KRW 982,960 on November 30, 2015, respectively.

E. The Plaintiff received KRW 3 million from C on May 26, 2017.

[Reasons for Recognition] Facts without dispute, Gap 1-4 evidence, Eul 1, 2, and 5 evidence, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff supplied construction materials on credit to the Defendant from July 31, 2015 to November 30, 2015, but was paid KRW 3 million from May 26, 2017, while the Plaintiff was not paid KRW 12,529,572.

Therefore, the defendant is obliged to pay the remaining KRW 9,528,572 to the plaintiff.

B. The Defendant entered into a construction contract with Defendant C for reinforced concrete, and was supplied with building materials at the construction site, and did not conclude a contract with the Plaintiff.

3. Determination

A. As seen earlier, the Defendant paid KRW 5,582,830, consistent with the amount stated in the tax invoice issued by the Plaintiff on August 4, 2015, and the fact that the Plaintiff issued each tax invoice equivalent to the amount claimed as unpaid in the instant case is recognized.

However, the plaintiff's purpose is to sell construction materials, etc., and the defendant is to establish a corporation for the purpose of construction business, etc., but there is no contract, which is contrary to the common sense and the rule of experience. However, it is recognized by considering the whole purport of the arguments in each statement of evidence Nos. 1, 3 and 4.