A. From December 208 to September 2013, the Plaintiff supplied water supply and drainage materials (hereinafter “instant supply contract”) to the Defendant’s construction site from September 20, 2012 to November 3, 2012. Among them, the Plaintiff supplied the Defendant’s B materials at the construction site from September 20, 2012 to November 3, 2012, and on November 30, 2012, issued a tax invoice of KRW 6,879,600 (excluding value-added tax) to the Defendant (hereinafter “instant tax invoice”).

B. After receiving materials equivalent to KRW 264,00 (including value-added tax) from the Defendant on December 23, 201, the Defendant paid KRW 264,000 to the Plaintiff on December 31, 201, and received materials equivalent to KRW 7,200 on May 7, 2013, and paid the amount to the Plaintiff on the same day. The Defendant received materials equivalent to KRW 33,400 on May 14, 201, and paid the amount to the Plaintiff on the same day after receiving materials equivalent to KRW 146,080 (including value-added tax) from the Plaintiff on the same day. After receiving materials equivalent to KRW 146,080 on September 5, 2013, the Plaintiff paid the amount to the Plaintiff on November 1, 2013, and the Plaintiff received materials equivalent to KRW 74,000 on September 23, 2013, and then supplied the same amount to the Plaintiff on the same day.

[Ground of recognition] Facts without dispute, Gap evidence 2, Gap evidence 4-1 to 97, Eul evidence 3-1 and 2, the purport of the whole pleadings

2. The assertion and judgment

A. The summary of the Plaintiff’s assertion (1) The Plaintiff continued to supply the water supply and sewerage materials to the Defendant in accordance with the instant supply contract, and the Defendant paid part of the amount under circumstances, and at all times, the amount paid under the condition that the outstanding amount exists has been settled in a way that appropriated the existing outstanding amount first.

On July 24, 2014, the Plaintiff finally settled the outstanding amount with the Defendant, and as a result, the unpaid amount is KRW 41,668,624, and the Defendant is obligated to pay the unpaid amount and delay damages to the Plaintiff.

(2) The Plaintiff continued to obtain confirmation from the Defendant whenever it supplies water supply and sewerage materials to the Defendant, and also obtain such confirmation.