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1. The Defendant: (a) KRW 71,262,840 for the Plaintiff and KRW 6% per annum from November 1, 2016 to March 16, 2018; and (b).
Reasons
1. Facts of recognition;
A. The Plaintiff is a building timber necessary for the construction of a new building, and a water-based concrete frep.
A person operating a pipeline, a company supplying construction materials is a corporation that carries on construction works, etc. as a business.
B. The Defendant: (a) contracted to perform the construction of a new building with the Busan Geum-gu C Construction Corporation (hereinafter “C-Sed Construction”); and (b) executed the construction of a new building with the Busan Jin-gu D Construction Corporation (hereinafter “D-Sed Construction”); (c) concluded a subcontract with Nonparty E with respect to reinforced concrete construction among them.
C. From December 2015 to April 2016, the Plaintiff supplied construction materials, such as building timber, oil pumps, pipes, etc. to each of the above construction works as follows:
Details of the construction works shall be 86,784,40 value-added tax of 86,78,400 value-added tax of 86,78,440 value-added tax of 8,678,440 value-added tax of 86,78,440 value-added tax of 86,678,440 value-added tax of 95,462,8440 total amount of 95,440 x 55,000 x 142 x 55,000 x 55,810 x42,840
D. The Plaintiff received only KRW 22,00,000 as the supply price of each of the above construction materials, etc.
[Reasons for Recognition] Facts without a partial dispute, Gap evidence 1-1-2, Gap evidence 2-1, 2, 3-3, Eul evidence 3, and the purport of the whole pleadings
2. The parties' assertion
A. Although the Plaintiff did not prepare a construction materials supply contract between the Defendant and the main point of the Plaintiff’s assertion, the Plaintiff supplied construction materials equivalent to the total amount of KRW 86,784,400 at the Defendant’s request.
However, the defendant does not pay 64,784,400 won in addition to the payment of 22,00,000 won for the supply of goods.
B. The gist of the Defendant’s assertion and the Defendant did not conclude a contract for the supply of construction materials at each construction site of this case.
The plaintiff's delivery of construction materials at each construction site shall be conducted at the request of E awarded a subcontract for C-site construction works.