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1. Revocation of a judgment of the first instance;
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
Reasons
1. The parties’ assertion (1) on September 20, 2015, the Plaintiff (mutually: C) supplied the Defendant (mutually: D) with Changho Lake 12,097,000, which is a construction material. The Plaintiff asserts that the payment for the supply was 5 million won on September 25, 2015; and that the unpaid goods payment was 5,097,000 won from the Defendant on October 5, 2015; and that the unpaid goods payment was 5,097,000 won. The Defendant is obligated to pay the said payment to the Plaintiff.
(2) As to this, the Defendant asserts that, around December 2014, at the time of the construction of the E-Bael located in Pyeongtaek-si, the Defendant requested the Plaintiff to perform the construction work equivalent to KRW 12,863,375, and that the Plaintiff was not provided with the title on September 20, 2015, and that the construction cost so requested was paid in full, as alleged by the Plaintiff.
2. (1) On September 20, 2015, the Plaintiff’s presentation of the 12,097,000 Won to the Defendant is not sufficient to acknowledge the Plaintiff’s assertion on the sole basis of the Plaintiff’s evidence No. 1 (the copy of the transaction ledger. The Plaintiff’s arbitrarily prepared and printed documents are only those documents) that correspond to the Plaintiff’s assertion that the Plaintiff supplied the 12,097,00 Won to the Defendant. (No other evidence was submitted to reinforce the credibility of the above transaction director’s receipt, such as the receipt of goods proving that the Defendant received the hograph.). There is no other evidence to
(2) Rather, according to the evidence evidence Nos. 1, 2, and 3, the Plaintiff presented a written estimate related to the creation of a new family (the content of a written estimate alone cannot be known until it is intended to supply the goods) to the Defendant on December 10, 2014. The Defendant appears to have paid the Plaintiff the credibility of the Defendant’s assertion that the Plaintiff would have paid KRW 3 million on December 11, 2014, KRW 4 million on December 22, 2014, KRW 1 million on February 16, 2015 (the actual remittance amount is KRW 3,001,80, KRW 400,000, KRW 800, KRW 100, KRW 1000, KRW 1001, KRW 1001, KRW 1001, KRW 1001, or KRW 1000,000, KRW 100,000, KRW 100.