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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. Basic facts
A. On May 30, 2014, the Defendant changed the construction price of KRW 1.339 billion from the Dong Mine Construction Co., Ltd. to KRW 1.357 billion on September 4, 2014 (hereinafter “instant construction”).
The construction period was set from May 30, 2014 to December 31, 2014.
B. From May 29, 2014 to December 31, 2014, the Plaintiff supplied construction materials, including a total of KRW 45,638,780, and a total of KRW 45,638,780, to the construction site of the instant construction site.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 (which include branch numbers; hereinafter the same shall apply) and the purport of whole pleadings
2. Determination
A. According to the purport of Gap evidence 1, 2, 5-1, 9, 10, 17, 19, 21, 14, 15, 20, 22, 24, 27, 28, 29, 36, 37, 38, 51-6, and 51-6 of evidence Nos. 1, 5-1, 5-21, 4, 224, 27, 28, 29, 36, 37, 38, and 51-6 of evidence Nos. 51
(B) The defendant re-subcontracts the construction work of this case to D. However, the parties who concluded the contract with the plaintiff to supply construction materials with D are not the defendant. However, the evidence submitted by the defendant alone is insufficient to reverse the recognition and there is no other counter-proof.
According to the facts and the above facts, the defendant supplied the plaintiff 21,962,50 won remaining after subtracting 21,676,280 won from the plaintiff 45,638,780 won, and as the plaintiff seeks, 5% per annum prescribed by the Civil Act from January 1, 2015 to July 8, 2015 (the delivery date of the copy of the complaint in this case) and from the next day until September 30, 2015, pursuant to Article 3 (1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings, Article 2 (2) of the Addenda to the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings, Article 3 (1) of the former Act on Special Cases Concerning Legal Interest Rate of Article 3 (1) of the main sentence of Article 3 (2) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings, as the plaintiff seeks.