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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. The plaintiff asserted and determined that he/she provided meals to the members of the construction site of the building site B of Echeon-si, the defendant's progress (hereinafter "the construction of this case"). Accordingly, during the period from November 2015 to December 30, 2015, the amount of meal expenses not paid by the defendant up to the day out of the meal expenses provided to the members of the above site during the period from November 30, 2015 to December 30, 2015, can be acknowledged by considering the overall purport of the pleadings as a whole, or there is no dispute between the parties, or by taking into account the overall purport of the pleadings as stated in the evidence No. 6 and No. 7, and the provision of evidence No. 1 in the evidence No.
(1) The Defendant alleged that C’s portion of the instant construction works, which was subcontracted to C, was meal at the Plaintiff’s restaurant, and thus, C should pay the meal cost. However, in light of the above recognized facts and the fact that the Defendant issued an electronic tax invoice directly to the Plaintiff, etc., the Defendant is liable to pay the Plaintiff the amount of the unpaid meal cost KRW 2,253,00 and the damages for delay.
2. Thus, the defendant is obligated to pay to the plaintiff 2,253,000 won and damages for delay calculated at the rate of 6% per annum under the Commercial Act from March 4, 2016 to June 16, 2016, which is the day following the day when the original copy of the instant payment order was served, as the plaintiff sought, and 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day until the day when the original copy of the instant payment order was served. Thus, the plaintiff's claim shall be accepted with merit.
The judgment of the first instance is just in conclusion, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition by the assent of all participating Justices.