매매대금
The plaintiff's appeal is dismissed.
Expenses for appeal shall be borne by the plaintiff.
Purport of claim and appeal
purport.
Basic Facts
The plaintiff is a company that aims to manufacture and sell asphalts and ready-mixeds.
From June 7, 2011 to March 29, 2012, the Plaintiff supplied ready-mixed at the construction site of the Defendant and received a total of KRW 54,900,000 from the Defendant as stated below.
The amount paid on the date of payment No. 1 on August 2, 201 5,00,000 on September 2, 201; 20,000 on September 8, 2011; 3,000,000 on September 9, 201; 4,90,000 on April 12, 200,000 on December 12, 2011; 5,000,00 on February 29, 201 on December 29, 201; 30,000 on February 5, 200,7, 200, in total, 54,90,000 on May 7, 2012 / [Grounds for recognition] the fact that there is no dispute as to the facts, subparagraph 2, 7, and each evidence set forth in each of the pleadings, and the purport of the whole pleadings.
2. The parties' assertion
A. The Plaintiff is the unit price calculated by subtracting the value added tax of KRW 46,000 per one cubic meter from the unit price of KRW 25-21-120 for the Defendant and ready-mixed specifications.
In the oral agreement, the defendant is supplied with 1,366.5 cubic meters of ready-mixeds and proceeds including value added tax of 69,708,650,00 won as stated below. The detailed details of the unit price for ready-mixeds, which serves as the basis for the calculation of the price claimed by the plaintiff, are as stated in the "unit price for each type of ready-mixeds" of the attached sheet No. 1 and No. 6.
The 125-21-120 1,259.5.63,645,230 225-120 25-120 48 2,233,440 3 1:342,683,230 230 3 1:215 1,146,750 1,366.5 69,708,650 650
However, the Plaintiff received only KRW 54,900,000 from the Defendant.
Therefore, the defendant is liable to pay the plaintiff the unpaid 14,808,650 won =69,708,650 won - 54,900,000 won) and the delay damages.
B. The Defendant asserted that the unit price of ready-mixed with the Plaintiff was KRW 43,000 per 1 cubic meter, the Defendant agreed to KRW 43,000 per 1 cubic meter without paying value-added tax.
The agreement was reached, and the amount claimed by the plaintiff could not be supplied with ready-mixed as much as the amount claimed by the plaintiff, and the price for ready-mixed supplied by the defendant was paid in full.
3. We examine the judgment.