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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
Reasons
1. The assertion and judgment
가. 원고의 주장 요지 원고는 피고와 피고가 원고에게 25톤 갠트리크레인(이하 ‘이 사건 크레인’이라 한다)의 몸체 부분 자재를 제공하면서 그 제작을 맡기고, 원고는 인력과 장비 및 부자재를 사용하여 용접 등으로 이를 제작한 후 피고에게 인도하되, 그 대가로 3,000만 원을 받기로 하는 내용의 계약(이하 ‘이 사건 최초 계약’이라 한다)을 체결하였다.
Then, during the Plaintiff’s production, the Defendant concluded a contract with the Plaintiff to pay KRW 16,50,000,000, which is the minimum amount of personnel expenses to the Plaintiff, and settle the instant settlement agreement (hereinafter “instant settlement agreement”).
Accordingly, on October 12, 2014 and October 13, 2014, the Plaintiff delivered the instant scrap to the Defendant, but the Defendant paid only KRW 7.5 million to the Plaintiff on October 13, 2014.
Therefore, pursuant to the instant settlement agreement, the Defendant shall pay the remainder of nine million won and damages for delay to the Plaintiff.
B. The Plaintiff and the Defendant entered into the instant first contract with the amount of KRW 30 million for the production of the instant scrap, but failed to complete it thereafter, issued a tax invoice to the Defendant on October 13, 2014, stating that the Plaintiff claimed KRW 16,500,000 for the portion of the instant scrap; the Defendant reported the amount stated in the said tax invoice as the input tax amount; the fact that the Plaintiff reported the amount as stated in the said tax invoice as the input tax amount; the fact that the amount of KRW 14,63,266 is indicated as the aggregate of wages for the production of the instant scrap in the status of the Plaintiff’s internal daily attitude does not conflict between the parties; or that it may be acknowledged by the evidence No. 2-1 and evidence No. 3.
However, a tax invoice that received KRW 16.5 million is unilaterally by the plaintiff.