1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Summary of the plaintiff's assertion

A. The Plaintiff, which is the primary cause of the claim, proposed a supply contract for ready-mixed with A (hereinafter “A”), but did not enter into a contract because it was impossible to trust A.

Since then, the plaintiff found the defendant corporation with the representative director A, the corporation Eul, and entered into an oral contract for the supply of ready-mixed with the defendant, and the plaintiff supplied ready-mixed to the defendant according to the above contract.

The Defendant paid KRW 20,00,000 to the Plaintiff on October 22, 2014, KRW 10,000,000 on December 5, 2014, and KRW 15,00,000 on December 15, 2014, but did not pay the remainder of KRW 26,393,850 on December 12, 2014.

Therefore, the defendant should pay 26,393,850 won and damages for delay payable to the plaintiff.

B. The Plaintiff, who was proposed to supply ready-mixed by A, was not able to trust A, and the Plaintiff promised to pay back the amount of ready-mixed directly on the part of the Defendant, and delivered ready-mixed in trust.

The payment that the Defendant did not pay to the Plaintiff is as set forth in the above paragraph (a).

2. In full view of the following facts: (a) the Plaintiff’s staff-in-charged the Defendant’s office, together with the Defendant’s office, and responded to the purport that the Defendant would do so; (b) the Plaintiff issued a tax invoice on the amount of ready-mixed; and (c) the Defendant paid the Plaintiff KRW 45,000,000 to the amount of ready-mixed over three occasions.

However, the records are as follows: ① The Defendant appears to have paid all the construction cost under the contract entered into with A (including the amount paid directly to the Plaintiff); ② The Defendant did not confirm the quantity or quality of ready-mixed supplied by the Plaintiff.