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1. Revocation of the first instance judgment.
2. The Defendant shall pay to the Plaintiff KRW 4,957,420 as well as its full payment from February 2, 2019.
Reasons
1. From April 18, 2016 to July 23, 2016, the Plaintiff supplied ready-mixed equivalent to KRW 16,620,780 to the Defendant who runs a construction business in the trade name. The Defendant paid KRW 11,663,360 out of the above price to the Plaintiff.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 2 and 3, the purport of the whole pleadings
2. The assertion and judgment
A. 1) The Plaintiff asserts that: (a) the Defendant sought payment of the unpaid price of KRW 4,957,420 (i.e., KRW 16,620,780 - KRW 11,663,360) and damages for delay thereof; (b) the Defendant did not conclude a contract for the supply of ready-mixed with the Plaintiff; and (c) the Plaintiff supplied ready-mixed to the Defendant at the request of E, a D Co., Ltd., an employee of D Co., Ltd. which entered into a contract with the Defendant; and (d) thereafter, even if the Plaintiff requested suspension of the delivery of ready-mixed, the Plaintiff unilaterally supplied ready-mixed and paid KRW 11,63,360 to the Plaintiff; and (d) the Defendant did not have any obligation to pay the amount of ready-mixed to the Plaintiff.
B. According to the reasoning of the judgment below, Gap evidence Nos. 3-1 through 3-3, the order issued to submit tax information, response results, and the whole purport of the arguments against the Ulsan Tax Office of this court, the plaintiff issued the electronic tax invoice [12,140 won] in the name of the defendant with respect to the supply of ready-mixed equivalent to KRW 16,620,780 (tax amount of KRW 6,05,760) as of April 26, 2016, ② ② the supply value of KRW 7,930,80 (tax amount of KRW 7,930,080) as of June 30, 2016, ③ the supply value of KRW 1,121,40 (tax amount of KRW 112,140) as of July 31, 2016, it is recognized that the defendant reported the above tax invoice separately from D corporation's receipt, and the existence of the supply contract between the plaintiff and the defendant.
C. According to the theory of lawsuit, the Defendant’s payment of KRW 4,957,420 for the goods unpaid to the Plaintiff and as sought by the Plaintiff, from February 2, 2019, the day following the delivery of a copy of the instant complaint.