1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

1. Facts without dispute;

A. Around September 2015, the Plaintiff, who sells building materials, entered into a contract with the Defendant operating a building business to supply the building materials to the Defendant, and accordingly supplied the building materials to the Defendant.

B. From December 2015 to May 2016, the Defendant paid the Plaintiff KRW 60,000,000 in total as principal for the price of the building materials.

2. The parties' assertion

A. As the Plaintiff supplied building materials equivalent to KRW 89,734,075 between September 21, 2015 and June 30, 2016 at the Defendant’s construction site, the Plaintiff is obligated to pay the remainder of the construction materials to the Plaintiff (i.e., total price of KRW 89,734,075- KRW 60,000) and damages for delay.

B. The remainder of the purchase price claimed by the Plaintiff includes the purchase price of building materials not actually supplied by the Plaintiff, and thus, the amount is unrecognified. The Plaintiff is unable to submit clear evidence, which serves as the basis for calculating the purchase price. Therefore, the Plaintiff cannot comply with the above claim.

3. Determination

A. In light of the following circumstances, the Plaintiff’s supply of building materials equivalent to KRW 89,734,075 to the Defendant, based on each of the above evidence, in light of the following circumstances acknowledged by comprehensively considering the respective statements or images set forth in subparagraphs A through 14 (including branch numbers) and the testimony of witness C of the first instance trial.

1) From September 21, 2015 to June 29, 2016, the Plaintiff is only Ddong, Gangnam-gu, Seoul (hereinafter “Ddong”).

) A construction material supplied at each construction site located in E, F, G, H, and I was supplied, and around 20 times, approximately KRW 90,156,275 was issued for the construction material supplied as above (the Plaintiff supplied KRW 422,200, out of the total amount of the above tax invoice by mistake and deducted the amount of KRW 89,734,075.