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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. The following facts may be found either in dispute between the parties or in accordance with Gap evidence Nos. 1 to 5, 7, 9, and Eul evidence No. 1 (including branch numbers), together with the whole purport of the pleadings:
The plaintiff is a corporation whose business is gas facility construction business, machinery facility construction business, etc.
B. On December 9, 2015, the Plaintiff drafted a contract for the construction of urban gas facilities (a certificate No. 2-1 through 4, hereinafter “each of the instant contracts”) with the Defendant to install urban gas facilities in each place by January 31, 2016, as indicated in the following table.
The owner of the construction cost in E. B 3.1 million won in E. 2,000 won in E. 2,000 won in E. 3.5 million won in E. 3.5 million won in E. 3.5 million won in E. 2,000 won in E. 3.1 million won in E. 4.1 million won in G. 4.2
C. Around April 28, 2016, the Plaintiff submitted a written estimate (Evidence A 3, 254,186, general management expenses, review documents, and authorization expenses of KRW 500,00,00,00 to the Defendant for construction costs of gas pipes 3,254,186, general management expenses, KRW 245,814, and KRW 500,000.
Each contract of this case and the written estimate of this case contain the phrase “value-added tax separate”.
E. The Plaintiff fully performed the urban gas facility construction and pipeline construction in accordance with each of the instant contracts and the written estimate of this case.
F. The Defendant remitted KRW 4 million to the Plaintiff on December 14, 2015, and remitted the additional KRW 4 million on July 26, 2016 to the Plaintiff.
2. Summary of the parties' arguments
A. The Plaintiff entered into a contract with the Defendant for the construction cost of KRW 18,450,00 (i.e., KRW 3., KRW 3.1 million, KRW 3.75 million, KRW 4.1 million, KRW 4.1 million, and value-added tax separately) and completed all of the construction works (hereinafter “instant construction contract”). However, the Defendant is the Plaintiff.