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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.
Reasons
1. The plaintiff's assertion
A. On October 10, 2012, the Plaintiff entered into a contract for construction works with the Defendant to receive a contract for the installation work of low temperature storage height (30 square meters) from the Defendant (excluding value-added tax; hereinafter the same shall apply) and received KRW 14,00,000 from the Defendant as down payment on October 22, 201.
B. After November 7, 2012, the Plaintiff agreed with the Defendant to change the size of storage space to KRW 33,00,000, and the construction cost to KRW 67,000,000. During the instant lawsuit, the Plaintiff completed the instant installation work with the Defendant, and completed the instant installation work at KRW 59,00,000, and received each payment from the Defendant, respectively, of KRW 29,50,500,000 on February 19, 2014.
C. Therefore, the Defendant is obligated to pay the Plaintiff damages for delay of value-added tax of KRW 59,00,000 and KRW 45,00,000 (i.e., the fixed construction cost of KRW 59,00,000 - down payment of KRW 14,00,000) from December 29, 2012 to February 19, 2014, deducting the interest of KRW 3,092,054 calculated at the rate of 6% per annum as stipulated in the Commercial Act, which is the sum of KRW 3,092,054, which is the sum of KRW 2,43,336, which is the Plaintiff’s low temperature storage and repair costs of KRW 6,58,718, and the remainder of value-added tax of KRW 3,46,64.
2. The judgment of the Plaintiff sought the payment for the instant construction work, etc. on the premise that the Defendant had been awarded a contract for the installation and storage of the low temperature storage site in the instant case. Therefore, in full view of the respective entries and arguments as to whether the Defendant is a party to the instant contract, the Defendant is a registration director of the non-party farming association B (hereinafter “non-party farming association”), and on October 10, 2012, the Defendant entered into a contract for the storage of the low temperature storage site in the name of the non-party farming association and remitted the Plaintiff KRW 14,00,000 in total three times on three occasions on the 22th of the same month, and thereafter the Plaintiff sent a certificate of contents to the Defendant on several occasions.