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1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's claim corresponding to the revoked part is revoked.
Reasons
1. The plaintiff's assertion
A. The Plaintiff mainly aims at the export and import of construction materials, wholesale and retail business, etc. from February 10, 2017 to August 29, 2017, entered into a contract for supply of goods necessary for the construction of D buildings E, D buildings in F, D buildings I in H, D buildings K in J (hereinafter the above buildings collectively referred to as “instant D buildings”), and old and US L buildings (hereinafter “instant L buildings”) with the Defendant who performed civil engineering, building construction, and housing construction from around February 10, 2017 to around August 29, 2017, and received a partial repayment of the price of goods from the Defendant after supplying the pertinent goods.
B. The Plaintiff did not receive KRW 21,114,826, out of the amount of the goods for both sides, payments, etc. supplied to the Defendant during the above period.
Therefore, as a party to the above goods supply contract, the defendant is obligated to pay the remaining goods price and damages for delay to the plaintiff.
2. Determination
A. According to the overall purport of the statements and arguments stated in Gap evidence Nos. 2, 3, 4, 5, 7, and Eul evidence Nos. 2, 2, 6, and 11 (including each number; hereinafter the same shall apply), the defendant was awarded a contract for the construction of the instant L building from M or N, and the defendant completed the construction of each of the instant D buildings from Q and R around July 12, 2016, and from P and R around September 9, 2016. The plaintiff completed the construction of each of the instant D buildings in the name of "SU", "SU", "S company (V)," and "S company (L)" during the assertion period and sent the name of the receiver to the defendant by facsimile, and the fact that the plaintiff issued an electronic tax invoice and received part of the price from the defendant's account is recognized.
B. However, each of the above evidence and evidence set forth in Nos. 1, 3, 4, Eul Nos. 7 to 10, and Eul No. 12 to 19 are the purport of the whole pleadings.