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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
Reasons
1. The reasoning of the judgment of the first instance is as follows, except for the addition of the following '2. Additional Judgment' as to the assertion that the plaintiff emphasizes or added in the trial of the court of the first instance, and thus, it is consistent with the main sentence of Article 420 of the Civil Procedure Act.
2. Additional determination
A. The Plaintiff’s assertion that: (a) on February 17, 2016, the receipt of February 17, 2016 (Evidence No. (Evidence No. (Evidence No. 2) that the non-party company received KRW 132 million from the Defendant was formally prepared upon the Defendant’s employee’s request before receiving the actual money; and (b) as alleged by the Defendant, the Defendant wired KRW 10 million to the non-party company on the date when he received the above receipt from the Plaintiff, and there is no reason to pay in cash separately; and (c) on December 30, 2015, the non-party company issued an electronic tax invoice for KRW 134,200,000 to the Defendant; and (d) there is no fact that it discounted KRW 2 million out of the construction price; and (e) the non-party company’s claim for the construction price against the Defendant.
B. The following circumstances, which are acknowledged by the overall purport of the statements and arguments as to Gap's evidence Nos. 2, 3, 6, 7, and Eul's evidence Nos. 2, and Eul's evidence Nos. 2, i. i.e., ① if the non-party company did not receive the actual construction cost and prepared a receipt to the defendant formally, as alleged by the plaintiff, it is difficult to state the non-party company's construction cost of KRW 13,200,000,000, which is less than KRW 13,2200,000,000, in the amount of receipt; ② there is no special circumstance to prepare a receipt to prove the payment before the plaintiff is paid the construction cost; ③ since the details of remittance of KRW 12,200,00 to the non-party company are confirmed as financial materials, the necessity to prepare a receipt to prove the payment is likely to be written, but there is a part of additional