The judgment of the first instance is revoked.

The plaintiff's claim is dismissed.

All costs of litigation shall be borne by the plaintiff.

the purport and purpose of the claim;

1. Basic facts - The Plaintiff registered a construction business operator, etc. under the trade name “F” around December 2016.

- Around February 2017, Nonparty D entered into a contract with the Defendant for the supply of goods, such as glicks (road section) at the construction site of “the construction of Gyeonggi E-Sae-Sae-Sa-Sa-Sa-Sa-Sa-Sa-Sa-Sa-Sa

The contract for supply of goods (refer to the evidence No. 1, No. 1, No. 2) written at the time was written by the Plaintiff (F) together with D and the seal of the Plaintiff was affixed. The seal of the Plaintiff is affixed and sealed by D.

- In accordance with the above contract, the Defendant supplied materials, such as a set block of KRW 64,042,00 in total at the above construction site from February 2, 2017 to May 2 of the same year.

- On May 2017, the Plaintiff remitted total of KRW 20 million to the Defendant’s account.

- After that, upon the Defendant’s request for payment order, the Plaintiff and D issued a payment order stating that “The Plaintiff and D jointly and severally paid 4,042,00 won for the remainder of the goods (=64,042,000 won - 20 million won) to the Defendant and the delayed damages.”

The above payment order was served on August 28, 2017 on the Plaintiff and confirmed on September 12, 2017, and served on D on October 10, 2017, and became final and conclusive on October 25, 2017.

[Grounds for Recognition] Unsatisfy, Gap evidence 1, Eul evidence 1, Eul 2 and 5, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion does not have concluded a commodity supply contract with the defendant.

The plaintiff's seal under the above contract for supply of goods is affixed at will by D, and there is no sign of consent or delegation of any authority to the plaintiff.

Therefore, the plaintiff does not bear the obligation to the defendant for the purchase of goods under the above final payment order.

B. The Defendant’s assertion ① consented to the conclusion of the above goods supply contract or delegated the authority to D.

At least representation is established.

(2) No such provision shall apply.

(B) The Plaintiff paid KRW 20 million to the Defendant, thereby entering into a contract for the supply of goods.