물품대금 등
1. The judgment of the court of first instance is modified as follows.
The defendant shall pay to the plaintiff KRW 138,161,00 as well as to the plaintiff on March 2013.
1. Facts of recognition;
A. On September 20, 2012, the Plaintiff and the Defendant entered into a contract on the supply of goods with the Defendant to supply the goods to the Defendant at KRW 121,000,000 (including value-added tax) with respect to the installation of transmission windings with respect to the supply of goods.
(hereinafter “instant First Corporation”). (b)
In addition, on September 28, 2012, the Plaintiff entered into a goods supply contract with the Defendant and D Training Institute to deliver the price of KRW 6,380,00 (including value-added tax) (hereinafter “instant secondary construction project”), and on October 30, 2012, the Plaintiff increased the contract price of the instant secondary construction project to KRW 7,150,000.
C. Although the Plaintiff completed the instant 2nd Corporation, due to the shortage of funds, only the remainder of the construction except for the establishment of 80 panty, 6300,000 panty with the parking lot attraction of 8,00,000 (excluding value added tax) out of the instant 1 Corporation (excluding value added tax) and 6,30,000 panty with the parking lot invitation of 80 panty, and 6,300,000 panty (excluding value added tax) has been completed. As above, the Plaintiff excluded from the contents of the instant 1 Corporation only sought the payment of the remainder of the construction cost, excluding the construction cost excluded from the contents of the instant 1 Corporation, and
D.
The Plaintiff received KRW 55,00,000, out of the price of the first and second works in this case from the Defendant.
[Ground of recognition] The fact that there is no dispute, Gap evidence 1-1, 2, and 2-1, 2-3-1, 2, and 3-1, 2-3, and Eul evidence 2-1, 2-2, and the purport of the whole pleadings
2. According to the above findings of the determination as to the cause of the claim, the Defendant shall not pay the Plaintiff the construction cost of KRW 57,420,00,00 which was paid to the Plaintiff, barring any special circumstances = the total of the contract price of the First and Second Construction Works in the instant case 128,150,000-unestablished air circulation amounting to KRW 14,30,000,00.