1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

The plaintiff is a company with the purpose of collecting, processing, and selling aggregate for construction, and the defendant is a company with the purpose of railroad, track construction business, etc.

On August 2014, the Plaintiff entered into a contract with the Defendant to supply KRW 12,000 per 12,00 cubic meter (hereinafter “instant contract”) from August 28, 2014 to December 31, 2014 at the construction site of the first Section for the construction of Pospon-si Railroad Construction, which was implemented by the Defendant, with the gravel collected or produced by the Plaintiff (hereinafter “instant contract”).

Between August 28, 2014 and November 17, 2014, the Plaintiff transported aggregate by using a truck of 24 tons, 25.5 tons, and 27 tons. The loading capacity of a truck of 24 tons was 16 cubic meters, 25.5 tons, the loading capacity of a truck of 17 cubic meters, and 27 tons, the loading capacity of a truck of 24 tons was 18 cubic meters.

The Plaintiff supplied railroads and gravel at the site of aggregate extraction by using the aforementioned trucks and transporting them to the Defendant’s construction site. Upon arrival of the truck, the Defendant verified the loading condition of the aggregate left on the ground, and issued a invoice by stating the number of aggregate supplied according to the loading capacity of the truck in question. In particular, the Plaintiff did not measure the weight or capacity of aggregate at the site of aggregate extraction or at the place where aggregate is received.

As above, the Plaintiff supplied the Defendant with aggregate of KRW 32,434 cubic meters of 32,434 cubic meters of 1,909 by using the truck in total during the above supply period, and the price for said supply is KRW 428,128,80 [including KRW 12,800 of value-added tax of KRW 12,00 in cubic meters of 32,434 cubic meters]. The Defendant paid KRW 378,128,80 as the price for the supply of the said gravel to the Plaintiff, and did not pay KRW 50,000 to the Plaintiff the remainder of KRW 50,00. [In the absence of dispute over recognition, evidence Nos. 1, 2, evidence No. 7, evidence No. 7, evidence No. 8, evidence No. 9, evidence No. 1, No. 9, No. 2, and No. 2].