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1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked.
Reasons
1. Basic facts
A. On April 30, 2012, the Plaintiff received a contract for the steel structure works located in Gwangju City (D additional 1,500,000 won (including additional 11,500,000 won at the time of concluding a contract, 40,000,000 won at the time of concluding a contract, and 86,50,000 won at the time of completing the construction regardless of the completion of the construction) from the Defendant who operates B on April 30, 2012, and completed the construction works on May 30, 2012.
B. On April 30, 2012, the Plaintiff received KRW 40,000,000 from the Defendant as the down payment, and KRW 12,00,000 on June 8, 2012, and KRW 24,00,000 on July 6, 2012.
C. On June 11, 2012, E transferred money to the Plaintiff on behalf of the Defendant (including KRW 1,300,000), and KRW 7,700,000 (including KRW 700,000) on July 25, 2012, to the Plaintiff on behalf of the Defendant. On October 24, 2012, the Defendant transferred KRW 2,00,000 to F at the Plaintiff’s request.
[Reasons for Recognition] Facts without any dispute, Gap's 1, 2, Eul's 1 and 2, the purport of the whole pleadings, and the purport of the whole pleadings
2. According to the facts found prior to the unpaid construction cost, the Defendant is obligated to pay the remainder of the construction cost of KRW 30,000,000,000, excluding the value-added tax of KRW 115,000,000, which the Plaintiff was paid at KRW 115,000,000 as a result of the Plaintiff’s failure to issue a tax invoice (i.e., KRW 40,000,000, excluding the value-added tax of KRW 24,000,000, excluding the value-added tax of KRW 24,000,000) and the damages for delay claimed by the Plaintiff following the date of the payment.
3. Judgment on the defendant's defense
A. The Defendant’s assertion 1) In light of the following purport: (a) the determination of KRW 14,300,000 (including additional tax) that was remitted directly to the Plaintiff on June 11, 2012, and KRW 700,000, which was remitted on July 25, 2012; (b) the determination of KRW 13,00,000 should also be deducted from the instant construction cost; and (c) the purport of each of the entries and arguments in subparagraph 3-1 through 3 of the evidence No. 3 is as follows: (a) the amount remitted on June 11, 2012, as above, KRW 13,00,000,000, which was remitted.