A. The Plaintiff is an individual entrepreneur who sells and installs implements, such as a dyphos, etc., and the Defendant is a company running the construction business.

B. A certificate of supply issued on March 31, 2016 exists with the Plaintiff, the recipient, the Defendant, and the total amount of KRW 36,400,00 (excluding value-added tax), and there is a written statement and a private person as “(State)B C” at the bottom of the certificate of supply.

C. On April 30, 2016, there exists a certificate of supply issued on April 30, 2016, with the Plaintiff, the person receiving the Plaintiff, the Defendant, and the total amount of KRW 25,200,00 (excluding value-added tax), and there is a written statement and a private person as “(State)B C” at the bottom of the certificate of supply.

On April 30, 2016, the Plaintiff issued respectively electronic tax invoices of KRW 27,50,000 as the amount of 37,070,000, the amount of which was June 30, 2016, and the electronic tax invoices of KRW 37,070,000 as the amount of June 30, 2016, and the electronic tax invoices of KRW 3,190,000 as the amount of November 30, 2017.

E. On May 4, 2016, the Plaintiff received KRW 27,500,00 (the Plaintiff’s payment) from the Defendant.

[Reasons for Recognition: Facts without dispute (including facts of persons concerned), Gap evidence Nos. 2, 3, and 6 (including evidence with serial number), the purport of the whole pleadings]

2. Summary of the parties’ assertion

A. The plaintiff's summary of the plaintiff's assertion was provided with a large number of implements at the defendant's request, and its price reaches KRW 67,760,000.

Nevertheless, since the defendant paid only KRW 27,500,000 out of the price, the defendant is obligated to pay the plaintiff the unpaid amount of KRW 40,260,000 and delay damages.

B. For the following reasons, the defendant cannot comply with the plaintiff's claim of this case.

1) The Plaintiff failed to complete the same day as the Plaintiff asserts, and the amount claimed by the Plaintiff is not reasonable construction cost (hereinafter “instant Claim 1”).

(2) As to the construction site where the Plaintiff supplied goods.