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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. The following facts are not disputed between the parties, or are found as follows: Gap evidence 1, evidence 2-1 to 4, evidence 3, evidence 6-1, evidence 7, evidence 8-1 to 24, evidence 11, evidence 12, Eul evidence 1 and 3, evidence 1, and evidence 1 and 3, evidence 12, evidence 1, Eul evidence 1 and 3, evidence 12-1 to Eul evidence 12-4, and evidence 5-1, evidence 5-1, 2, 3, Eul evidence 7, 8, and evidence 11, and evidence 11 are insufficient to reverse this.
C On February 27, 2012, Asan City E-si Construction Corporation (hereinafter “instant construction”) was awarded a contract for construction cost of KRW 180,000,000 from D.
B. On March 11, 2012, the Plaintiff: (a) received orders from C introduced by D to supply ready-mixed at the instant construction site; (b) agreed to issue a tax invoice to the Defendant at the Defendant’s request; and (c) began to supply ready-mixed at the instant construction site from March 22, 2012 to the order stating that “The Defendant, the representative director of D, ordered the necessary ready-mixed at the instant construction site from the Plaintiff to pay for the cash as of the end of the following month after the end of the month from the Plaintiff; and (d) the Defendant’s name seal affixed from the Defendant’s accounting employee to the Defendant’s name tag at the instant construction site.”
C. After supplying ready containers of KRW 3,441,90 up to March 31, 2012 at the instant construction site, the Plaintiff issued electronic tax invoices of KRW 3,441,90 as of March 31, 2012, and received KRW 3,441,90 as of March 10, 2012 from C, and supplied KRW 3,334,320 as of April 30, 2012, and then supplied KRW 3,334,320 as of April 30, 2012, the Plaintiff issued the electronic tax invoices of KRW 2,61,340 as of May 31, 2012 to the Defendant, but failed to receive KRW 3,334,320 as of March 30, 2012, and requested from the Defendant to receive KRW 36,36,320,340,636,29,281.