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1. The Defendant’s KRW 39,263,490 for the Plaintiff and 6% per annum from April 24, 2016 to April 26, 2018.
Reasons
1. Basic facts
A. The Plaintiff is engaged in wholesale and retail business of construction materials under the trade name of “D.”
B. Around August 2015, the Defendant contracted a construction project for the construction of the fourth-story apartment house E above ground (hereinafter “instant construction project”) and performed the said construction project from around that time.
C. The Plaintiff supplied building materials at the instant construction site from August 2015 to March 15, 2016.
[Ground of recognition] Unsatisfy, Gap evidence 1 and 6, witness F's testimony, the purport of the whole pleadings
2. The parties' assertion and judgment
A. The gist of the party’s assertion 1) The Plaintiff supplied, at the Defendant’s request, construction materials equivalent to KRW 114,263,490 in total at the construction site of this case, but did not receive the price. The Plaintiff sought payment for the remainder of KRW 39,263,490 after deducting KRW 75,000 in the price of the above construction materials paid as a substitute from the price of housing, and damages for delay. 2) The Plaintiff was supplied with the construction materials from the Defendant, but the details are different from the Plaintiff’s assertion.
B. Determination 1) In light of the following facts or circumstances, it can be acknowledged that the Plaintiff supplied construction materials equivalent to KRW 114,263,490 at the construction site of this case according to the agreement with the Defendant, in accordance with the agreement with the Defendant. Most of the construction materials described in the evidence Nos. 2, 10-2, 11-2, 10-2, 11-24 (including each number of items without separate indications) submitted by the Plaintiff are consistent with the transaction statement, tax invoice, etc. submitted by the Plaintiff.
G, the defendant on-site agent at the construction site of this case, prepared a certificate of acceptance of part of the construction materials stated in the above transaction statement, or signed it in the column for acceptance of the transaction statement issued by the delivery company.
The Corporation of this case.