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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
3.The reduction of claims by this court.
Reasons
1. Facts of recognition;
A. On May 11, 2015, B was awarded a contract with the Defendant for a new construction of the instant sub-loan D ground E (hereinafter “instant loan”).
B. On October 1, 2015, the Plaintiff is a person engaged in the supply business of the main household, etc. with the trade name of “F,” and entered into a contract for the supply of the main household, etc. (hereinafter “instant supply contract”) equivalent to KRW 117,700,000 in relation to the said construction project (including value-added tax), and completed the supply of the main household, etc. in accordance with the instant supply contract.
[Plaintiff, around January 4, 2016, entered into a contract to additionally supply main households, etc. equivalent to B and 11,528,000 won (including value-added tax) and additionally supply main households, etc. according to the above additional supply contract. However, the Plaintiff’s estimate (Evidence A 2) submitted by the Plaintiff is deemed to be unilaterally prepared by the Plaintiff, and it is insufficient to acknowledge the fact of the above additional supply contract, and there is no evidence to acknowledge it differently. Accordingly, the Plaintiff’s assertion on this part is rejected).
As the price for the instant main household, etc., the Plaintiff received KRW 80,000,000 from the Defendant on December 5, 2015, and received KRW 85,000,000 for total amount of KRW 30,000,00 on December 18, 2015, and KRW 30,000 on April 30, 2016, and KRW 80,000 from B, respectively, and received KRW 5,00,000 on February 4, 2016 from B.
With respect to the loan of this case, the approval of use was made by the competent administrative agency around April 2016.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 3, the purport of the whole pleadings
2. The assertion and judgment
A. 1 The plaintiff alleged that the defendant jointly with B agreed to pay the price of the main household, etc. of this case to the plaintiff, and the defendant as above.