A. A. Around 2013, the Defendant was awarded a contract from the Medical Foundation for the extension of a convalescent (hereinafter “instant extension construction”) for the effect of 330-10 enzy in Gwangju Mine-gu.

B. On October 1, 2013, the Plaintiff and the Defendant concluded a contract with the Defendant that “The effect of the Plaintiff shall be calculated as KRW 68,310 per 1 cubic meter (including value-added tax) on the part of the Defendant at the site of extension of the convalescent, and the Defendant shall pay the amount of ready-mixed to the Plaintiff on the 30th day of the following month after filing a claim for termination of the convalescent (hereinafter “instant contract”).

[Ground for Recognition: Facts without dispute, entry of Gap evidence 1]

2. The parties' assertion

A. From October 26, 2013 to April 7, 2014, the Plaintiff supplied ready-mixed equivalent to KRW 302,015,780, and the Plaintiff received KRW 139,013,192 from the Defendant, and the unpaid ready-mixed amount is KRW 163,002,58.

B. In accordance with the instant contract, the effect that the Plaintiff invested in the extension site of a convalescent hospital is limited to KRW 213,177,720, and the remainder of KRW 88,838,060 (i.e., KRW 302,015,780-213,17,720) is equivalent to the effect that the Plaintiff directly operated by the Medical Foundation is not liable for payment of the remainder of KRW 88,838,060.

Since the Defendant paid KRW 139,013,192 out of the price of ready-mixed to the Plaintiff, it is merely KRW 74,164,528 (=213,177,720-139,013,192).

3. Determination

A. The Defendant extended the period of the instant extension construction between October 10, 2013 and June 30, 2014 between the Medical Foundation and the medical foundation on June 5, 2014. The Plaintiff supplied the Defendant with ready-mixed equivalent to KRW 302,015,780, which was within the said construction period, from October 26, 2013 to April 7, 2014. (2) The Plaintiff issued a tax invoice for KRW 302,015,780, to the Defendant, and the Defendant used the entire tax invoice as purchase data.

The defendant A on April 12, 2014.