1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. The gist of the Plaintiff’s assertion is that the Plaintiff is engaged in the manufacture and sale of metal processed products under the trade name of “C”.

Of Daegu Urban Railroad D Construction ordered by the Daegu Urban Railroad Construction Headquarters, regarding the portion of metal construction of five historical construction works from Daegu-gu to Daegu-gu F (hereinafter “instant construction”) among the construction works ordered by the Daegu Urban Railroad Construction Headquarters, SK Co., Ltd. subcontracted to the Defendant each of them.

Around January 2013, the Defendant re-subcontracted the instant construction to G.

G around January 2013, around the Plaintiff, the Plaintiff provided metal products (test leasing materials) necessary for the instant construction to the Plaintiff, and the amount of supplied goods are to be paid directly by the Defendant.

The Plaintiff refused to supply metal products necessary for the instant construction by reliance on the horse of G that the Defendant would directly pay the price of supplied goods, and the end of the Defendant’s On-Site Director H at the construction site of this case.

The Plaintiff issued an electronic tax invoice to the Defendant for the supplied portion from January 2, 2013 to May 2014, and received the supplied amount directly from the Defendant.

The Plaintiff continued to provide the goods from June 2014 to July 24, 2014. However, the Defendant refused to pay the goods for supply after June 2014, on the ground that it is not a party to a contract. As such, the Plaintiff sought payment of the goods for supply that occurred during the above period, 22,859,728 won and damages for delay.

2. Determination

A. Even if the Defendant is the principal agent of the delivery contract or the Plaintiff’s assertion, the person who ordered the metal product required for the instant construction to the Plaintiff is not the Defendant’s representative director or the Defendant’s employee delegated by the said representative director, and thus, cannot be deemed the principal agent who ordered

In addition, G entered into a contract on behalf of the defendant in relation to the order of the above metal product.

or the defendant.