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1. The part against the defendant in the judgment of the first instance shall be revoked;
2. The plaintiff's claim corresponding to the above revocation part.
Reasons
1. The scope of the judgment in this Court was changed from the first instance trial to the Defendant Namung Construction Co., Ltd. on April 1, 2013, and the Plaintiff changed the trade name on June 9, 2015 to the Defendant Co., Ltd. (Dara Construction).
B claimed the payment of KRW 150,400,00 for the supply of trees related to the construction of new apartment in Busan District and KRW 95,800,00 for the supply of trees related to the construction of new apartment in Gwangju District. The court of first instance dismissed among them, and accepted the claim for the supply of trees in Busan District.
In this regard, the defendant only appealed against the cited portion of the claim for the supply price of goods in the B District, which is subject to the judgment of this court is limited to the cited portion of the claim for the supply of goods related to the B District.
2. The Plaintiff asserted that the Plaintiff is liable to pay the remainder of the goods cost of KRW 150,400,00 and delay damages therefrom to the Plaintiff, on December 27, 2012 at the Busan Apartment Construction Site (hereinafter “instant construction”) constructed by the Defendant (hereinafter “instant construction”) and on December 31, 2012, each of the landscaping numbers equivalent to KRW 250,400,000 was supplied to the Defendant, and on December 31, 2012, the Defendant received KRW 200,000 from the Defendant. Thus, the Defendant asserted that the Plaintiff is liable to pay the remainder of the goods cost of KRW 150,40,00 and its delay damages. However, in light of each description of the Plaintiff’s 1,2,8 through 12 (including each number, hereinafter the same shall apply) and the testimony of witness E of the first instance trial witness, the Plaintiff’s assertion is insufficient to acknowledge that the Plaintiff supplied the remainder to the Defendant under a contract with the Defendant.
3. Judgment on revocation of confession
A. The defendant, in the response, etc. submitted to the court of first instance, led to the confession that he received landscaping trees from the plaintiff in relation to the instant construction project, and that he did not pay 150,400,000 won for the goods thereby.