물품대금
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. Basic facts
A. After receiving a contract for construction of B ground C from Dongducheon-si, the Defendant subcontracted the part of the instant construction of reinforced concrete (hereinafter “instant construction”) to the Construction Co., Ltd. (hereinafter “Building Construction”), around April 2012.
B. The Plaintiff supplied construction materials equivalent to the total amount of KRW 71,504,565 (including value-added tax) from August 2012 to June 2013 upon the request for supply of dry Construction at the construction site of this case. The Plaintiff received only KRW 23,090,000 as the price for supply from October 5, 2012 to March 12, 2013.
C. Meanwhile, since around February 2013, the financial situation of dry Construction aggravated, the Defendant directly paid to the Plaintiff KRW 7,00,000,000 on April 15, 2013, and KRW 13,408,740 on June 17, 2013, among the flag price to be paid for dry Construction upon a request for direct non-performance of dry Construction.
After that, on July 15, 2013, the Construction was abandoned the instant construction due to the financial shortage, and at the time, each of the following was issued to the Defendant: “At the time, the Defendant waives the instant construction due to the circumstances of dry Construction, and will not thereafter waive all rights and raise any civil or criminal objection to the construction; confirmation that there is no additional payment from the Defendant; and that there is no additional payment for the construction.”
E. Meanwhile, the Plaintiff continued to supply construction materials on the instant construction site from July 15, 2013 upon the Defendant’s request for delivery even after the Plaintiff waived the instant construction work. The price for supply during the construction period was paid by the Defendant.
[Reasons for Recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-1 to 6, Gap evidence 3, Eul evidence 1, 2, and 5, witness E, and Eul's testimony and whole pleadings.