1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. The Plaintiff is a business entity selling building materials under the trade name of “B,” and the Defendant is a company engaging in construction business or new construction and sale business of housing shops.

B. From the Defendant on August 3, 201, D Child Care Center Extension Works located in the Gu and Si on August 3, 201, 201, C subcontracted reinforced concrete construction works among the construction works of reinforced concrete (type structure, non-structure, concrete building works) among the construction works of kindergartens located in the Gu and Si located in the Gu, on October 1, 2011, and construction works of reinforced concrete (type structure, non-structure, steel bars, concrete building works, safety facilities) among the construction works of child care centers located in the Daegu-gu, Daegu-gu, and around September 2011, 201.

[Ground of recognition] Facts without dispute, entry of evidence Nos. 1 and 3, purport of the whole pleadings

2. Determination as to the cause of action

A. 1) The parties’ assertion that the Plaintiff is liable under a goods supply contract: (a) the Plaintiff supplied the construction materials, etc. to the Defendant from October 11, 201 to December 17, 201 after entering into a construction materials supply contract with the Defendant; (b) the Defendant is obligated to pay the Plaintiff the above KRW 5,353,590 out of the price of the goods; and (c) the Defendant is obligated to pay the Plaintiff the said KRW 5,353,590 and the delay damages therefrom. Accordingly, the Defendant asserts that: (a) the Plaintiff did not enter into a construction materials supply contract with the Plaintiff; (b) the Plaintiff received the said construction materials from the Plaintiff; and (c) the Plaintiff issued the tax invoice under the Defendant’s name to the Plaintiff; (c) as evidence consistent with the Plaintiff’s argument, the Plaintiff cannot respond to the Plaintiff’s request; (c) there is evidence Nos. 2, evidence Nos. 3-1 to 3 (each tax invoice); and (d) the purport of the evidence No. 2 through No. 31 to the Plaintiff’s.