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. Basic facts

A. The Plaintiff is a corporation that sells pipes materials. The Defendant is a corporation that operates fire-fighting system construction business, management business, electricity and fire-fighting appliances manufacture and sales business, and C is a corporation that conducts fire-fighting business, etc.

B. C was awarded a contract with Sung-gun, Sung-gun (hereinafter “instant construction”) for the instant construction work around early 2016.

C. As to the instant construction project, the Plaintiff supplied materials worth KRW 13,540,850 in total from May 1, 2016 to July 31, 2016.

C On May 12, 2016, upon the Defendant’s request, paid 11,00,000 won by tax invoices under the name of E, and 6,314,000 won by tax invoices under the Defendant’s name (as of May 25, 2016) on May 27, 2016.

[Reasons for Recognition] Facts without dispute, Gap 1 through 8 (including branch numbers, hereinafter the same shall apply), Eul 1, 2, 4, and 5, and the purport of the whole pleadings

2. The assertion and judgment

A. 1) The Plaintiff’s assertion 1) The Defendant provided materials from the Plaintiff while receiving a subcontract for a part of the instant construction project from C. The Defendant was obligated to pay the Plaintiff the price for the unpaid materials, as it did not pay to the Plaintiff even after receiving the price for the materials from C. 2) The Defendant offered the Defendant’s argument only introduced a person to receive a subcontract at the Defendant’s request and provided some assistance for the progress of the construction project, and the Defendant did not receive a subcontract for the instant construction project from C.

Therefore, the plaintiff should claim the cost of materials C.

B. In full view of the following circumstances acknowledged prior to the determination, the Defendant received part of the instant construction work from the Plaintiff, and received the material price from C, by comprehensively taking into account the following circumstances acknowledged by the facts acknowledged prior to the determination: (a) evidence Nos. 1 through 9, and evidence Nos. 1 through 6, and the purport of the entire pleadings.

The construction site of this case is before August 2016.