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(영문) 청주지방법원 2020.04.23 2019나11600

물품대금

Text

Among the judgment of the first instance, the part against which the plaintiff is ordered to pay in addition shall be revoked.

Reasons

1. Basic facts

A. The Plaintiff is a company that manufactures and sells ready-mixeds.

B. In order to newly construct a detached house (hereinafter “instant construction”) in the Chungcheong-gun C, Chungcheongnam-gun, Chungcheongnam-gun, the Defendant was supplied by the Plaintiff with ready-mixed and slopings from September 13, 2016 to November 4, 2016.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 7 (including branch numbers if there are branch numbers; hereinafter the same shall apply), appraiser D's appraisal result, each fact inquiry result about appraiser D, the purport of the whole pleadings

2. The parties' assertion

A. From September 13, 2016 to November 4, 2016, the Plaintiff supplied the Defendant with a deviation equivalent to KRW 1,947 million (=5,000/metres x 354 cubic meters x value-added tax) and KRW 6,40,00 (excluding value-added tax x 80,000/metres x 88,000 cubic meters x 8,000 cubic meters x value-added tax) equivalent to the total amount of KRW 22,121,00 (excluding value-added tax) to the Defendant, and a claim for the purchase price of goods (value-added tax) was created.

However, the Defendant paid only KRW 16,335,00 to the Plaintiff, which is the remainder of KRW 5,786,00 (=22,121,000 - KRW 16,335,00).

B. The amount of ready-mixed that the Plaintiff had actually removed at the construction site of the instant construction site is about 270 cubic meters, and the Defendant paid all the amount of ready-mixed that the Plaintiff was removed.

3. Determination

A. In full view of the evidence and the purport of the entire pleadings as seen earlier, the volume of ready-mixed supplied by the Plaintiff to the Defendant and used at the construction site of this case is at least 287.44 cubic meters in total (30.36 cubic meters in the part of the building 128.27 cubic meters in 128.36 cubic meters in width) and the retaining wall part 30.36 cubic meters in 30.03 cubic meters in the part of the building from the 128.36 cubic meters in width, and the volume of the sloped away is at least 6.92 cubic meters (excluding the part of the heating floor construction of the building, excluding the toilets in the building). The Plaintiff and the Defendant agreed to the Plaintiff as at least 60,500 square meters in cubic meters in cubic meters in width, and value-added tax (including value-added tax) per cubic meters in cubic meters, and the Defendant agreed to the Plaintiff as