1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

1. Basic facts

A. The Plaintiff is engaged in the construction material sales business under the trade name of “C,” and the Defendant is engaged in the construction business under the trade name of “D.”

B. From September 10, 2014 to November 11, 2011 of the same year, the Defendant received a total of KRW 13,699,800 from the Plaintiff in relation to the new construction of housing located in Pyeongtaek-gun E (hereinafter “instant construction materials”) and returned the construction materials equivalent to KRW 274,00 among them.

C. The Defendant paid to the Plaintiff KRW 1,96,500 on September 18, 2014, KRW 2,500,00 on the instant building material price, KRW 2,234,00 on September 20, 2014, KRW 1,996,50 on the same day, KRW 2,000 on October 6, 2014, KRW 240,000 on October 28, 2014, KRW 28,50 on April 4, 2014, KRW 33,60 on November 6, 2014, KRW 9,703,70 on the aggregate, including KRW 410,60 on November 10, 2014, KRW 9,703,00 on the same day.

[Ground for Recognition: Facts without dispute, Gap evidence 1, 2, Eul evidence 1 and 2 (including branch numbers, if any)

(2) The grounds of appeal No. 1

2. According to the above facts of determination, the defendant is obligated to pay to the plaintiff 274,00 won returned from 13,69,800 won of the building material price of this case and 274,700 won of the remaining materials price of 3,722,600 won deducted from 13,69,800 won of the construction material price of this case and 9,703,200 won of the remaining materials price of the materials price of this case, and to pay damages for delay calculated at each rate of 5% per annum under the Civil Act from February 1, 2017, the day following the delivery date of the original copy of the payment order of this case, until August 9, 2017, which is the date of the judgment of the first instance that the defendant deems reasonable to dispute the existence and scope of the obligation to perform,

Although the defendant asserts that the owner F had already paid the total amount of the construction material price of this case to the plaintiff, there is no evidence to acknowledge it.

In addition, the defendant asserts that even if the price of the building material in this case to be paid by the defendant remains, the amount is only 2.5 million won, but only the statement of No. 2 (No. 2) is written, the remaining material price is either 2.5 million won or more.