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. Determination as to the cause of claim

A. 1) The Plaintiff: (a) was engaged in wholesale and retail business, such as electric equipment, lighting appliances, and safety management appliances, the name of “C” in Gyeongnam-si, Gyeongnam-do Office of Education; (b) the Defendant is a business operator of “D-Newly constructed electrical construction (hereinafter “D-built electrical construction”)” ordered by the Gyeongnam-do Office of Education; (c) the Plaintiff was ordered by E, Defendant F, and G to supply electric equipment and appliances necessary for the instant construction, etc. from May 29, 2015 to February 29, 2016; and accordingly, (d) supplied electric equipment and safety management products to the instant construction site.

3) The Plaintiff issued a tax invoice indicating the Defendant as the recipient of the above supply. The Defendant remitted part of the price of the above supply to the Plaintiff’s account, and the balance of the price of the goods is KRW 19,849,678. [Grounds for Recognition] The Plaintiff did not dispute, Gap’s evidence Nos. 1, 2, 3, and Eul’s evidence Nos. 1 through 4 (which includes a serial number; hereinafter the same shall apply).

each entry, the purport of the whole pleading

B. According to the above facts of recognition, it is reasonable to deem that the Defendant received electric equipment, etc. from the Plaintiff. As such, the Defendant is obligated to pay damages for delay calculated at the rate of 15% per annum from May 4, 2016 to the date of delivery of the certified copy of the instant performance recommendation decision as requested by the Plaintiff, as well as from May 4, 2016 to the date of full payment.

C. The defendant's assertion 1 defendant argues that E is not an employee of the defendant, and only entered into a subcontract with E, and the plaintiff entered into a supply contract with E as the subcontractor, so the defendant does not have an obligation to pay the price for the goods to the plaintiff.

Therefore, as to whether the subcontract was entered into between the defendant and E, the statement of the health unit, the evidence of Nos. 1 to 4, and the witness H.