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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 Plaintiff’s assertion agreed with the Defendant to supply ready-mixeds at the construction site ordered by the Defendant. Accordingly, the Plaintiff supplied ready-mixeds equivalent to KRW 24,580,490 at the construction site of Kimhae-si C and D’s land at the construction site of civil engineering and construction of a building (hereinafter “instant construction”) and supply approximately KRW 8,321,280 at the site of civil engineering and construction of a building located at approximately 2-3km from the above land (hereinafter “instant second construction”). The Plaintiff did not receive the remainder of ready-mixeds in addition to receiving KRW 3,00,000 from the Defendant as the price for ready-mixeds supplied at the construction site of this case at the first construction site.
Therefore, the Defendant is obligated to pay the remainder of the ready-mixed price of KRW 29,901,770 (=21,580, KRW 490, KRW 8,321,280) to the Plaintiff and delay damages therefrom.
2. The fact that the Defendant ordered construction works in the instant case; the Plaintiff supplied ready-mixed at the construction site from December 2, 2012 to July 2, 2013; the Plaintiff is a company operating ready-mixed manufacturing business, etc.; the Plaintiff is a supplier; the Defendant is a “supplier”; the Plaintiff is a “supplier”; and the Defendant is a “manufacturer”; and the Plaintiff issued electronic tax invoices for each ready-mixed price of KRW 8,321,280 on June 31, 2013; or the fact that the Plaintiff issued electronic tax invoices for each ready-mixed price of KRW 1,321,280 on July 31, 2013 is not in dispute between the parties; or the testimony and the entire pleadings of the witness at the first instance trial (including all the relevant documentary evidence numbers if the serial number is not specified; hereinafter the same shall apply); however, there is no evidence to acknowledge otherwise between the Plaintiff and the witness at the lower trial.
Rather, the following points can be seen by comprehensively taking account of the descriptions of B-3, 5, and 6, the testimony of witness B of the first instance trial, the results of the submission of tax information to the head of the party Kimhae Tax Office, and the overall purport of the arguments.