1. The Defendant’s KRW 3,111,850 as well as the Plaintiff’s annual rate of 6% from March 31, 2017 to April 18, 2018, and the following.

1. The parties' assertion

A. From July 2015 to January 2017, Plaintiff supplied aggregate (70m, 40m, etc.) equivalent to KRW 128,763,250 to D on the D site, but only received KRW 83,613,150.

Therefore, the Plaintiff seeks payment of KRW 45,150,100 to the Defendant as indicated below.

C

B. Although the Defendant was supplied with aggregate from the Plaintiff, it is difficult to recognize that the Defendant’s details recognized by the Plaintiff, the original E Co., Ltd. (hereinafter referred to as 75m or less, 4,156m or less, 40m or less, 2,782m or less, 00m or less), and that the unit price should be calculated as 12,500 won or more.

2. Determination

A. The fact that the Plaintiff supplied aggregate at the construction site of the Defendant does not have any dispute between the parties.

However, insofar as there is a dispute over the unit price or the supply volume, and there is no mutual agreement or coordination, there is a burden of proof as to the fact that the Plaintiff filed the instant lawsuit exceeding the part recognized by the Defendant.

B. First, we examine the unit price.

The Defendant asserts, based on the written estimate dated March 26, 2015, that the Plaintiff was KRW 12,500 per cubic metres, and that the Plaintiff agreed to KRW 12,500 per 40 cubic metres based on the written estimate dated March 26, 2015 and the written estimate dated July 15, 2015, instead of KRW 12,500 per 200 in cubic metres, in 2015, the Plaintiff agreed to KRW 13,000 per metres.

On the other hand, the evidence No. 59, which seems to support the plaintiff's assertion, is merely a document that the plaintiff unilaterally presented an estimate to the defendant, and it is insufficient to prove the plaintiff's assertion. The statement of transaction or tax invoice based thereon prepared by the plaintiff is insufficient to recognize the circumstance that the defendant agreed on the unit price adjustment as alleged by the plaintiff, and there is no other evidence to acknowledge it.

Therefore, the unit price, which is the basis for calculating the price in the instant case, shall be recognized as 12,500 won per cubic metres, the scope recognized by the Defendant.

(c) supply: