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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Judgment on the parties’ assertion
A. The gist of the Plaintiff’s assertion 1) pursuant to a contract with the Defendant, the Plaintiff supplied the construction materials of KRW 30,025,000 to the construction site of the Child Care Center at D Hospital from July 7, 2016 to September 12, 2016. The Plaintiff issued a tax invoice to the Defendant on the payment of KRW 30,000 (excluding value-added tax) out of the above supply price to the Defendant until December 30, 2016. Since the Plaintiff issued the tax invoice to the Defendant, the Defendant shall pay the Plaintiff the amount written in the purport of the claim as the supply price including value-added tax. (2) The Defendant’s summary of the Defendant’s assertion did not conclude a contract with the Plaintiff for the supply of construction materials between the Plaintiff and the Plaintiff, the Plaintiff is not obligated to pay the said supply price claimed by the Plaintiff.
B. Considering the following circumstances, considering whether the Defendant is a party to the above construction material supply contract of the Plaintiff’s assertion, the Defendant’s testimony of the witness E is difficult to believe it as it is, and there is insufficient evidence to acknowledge it by itself, and there is no other evidence to support it, the Plaintiff’s above assertion is without merit.
① Around July 5, 2016, the Defendant concluded a contract on the construction period for steel bars and concrete construction works (hereinafter “instant construction works”) from July 5, 2016 to November 27, 2016, and for construction cost (including value-added tax) 22,10,000 among the new construction works of the Child Care Center at D Hospital (hereinafter “F”), and the Plaintiff’s assertion regarding the construction materials supplied to the construction site at the instant site; the Defendant paid F the construction price under the said contract by paying F KRW 120,00,000 on August 31, 2016 and KRW 305,47,00 on December 30, 2016.
(2)