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. As between B on March 20, 2014, the Defendant concluded a contract on construction works that the Defendant would receive construction cost of KRW 1.1 billion and complete the building work cost of the building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building building

On November 3, 2014, B and the Defendant entered into a contract to adjust the construction cost of the instant construction project to KRW 1130 million.

The estimate for construction work attached at the time of the initial construction contract was included in the above construction cost as KRW 17,418,500, but the design change statement attached to the revised contract was excluded from the above other material cost.

B. The Plaintiff supplied materials, such as others, to the Plaintiff during the instant construction site between October 8, 2014 and October 15, 2014, among persons who sell others, various construction materials, etc. in a mutual name.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 to 3, and 8, the purport of the whole pleadings

2. The plaintiff asserted that the plaintiff supplied the price of delivered goods to the defendant, who is the package contractor of the instant construction project, so the defendant is obligated to pay the price of delivered goods to the plaintiff.

In regard to this, the defendant asserts that since the part concerning the above other days is based on the supply contract between the plaintiff and the owner B, the plaintiff should receive the price of the other days from B.

3. The following circumstances revealed by comprehensively taking account of the facts of the above recognition and the purport of the entire pleadings, namely, ① the Plaintiff supplied others to the construction site of this case and prepared a contract with the Defendant.

It is usual that the contractor has used the materials to be used in the construction work at his own expense and the contractor has received the construction cost including the said materials. However, in the general construction contract, it is ordinarily reasonable that the contractor has paid the construction cost including the said materials.