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1. The part against the defendant in the judgment of the first instance shall be revoked;
2. The plaintiff's claim concerning the above revoked part is dismissed.
Reasons
1. Basic facts
A. The Plaintiff is a person who produces signboards and engages in wholesale and retail business with the trade name “D” in Gwangju North-gu, Gwangju, and the Defendant is a person who operates the Felel (hereinafter “the instant telecom”).
B. Around May 2012, the Plaintiff constructed the instant telecom with the instant telecom.
C. Meanwhile, on May 6, 2012, the Defendant remitted KRW 2,000,000 to the Plaintiff.
[Evidence Evidence] without dispute, Gap evidence No. 12, the purport of the whole pleadings
2. The parties' assertion and judgment
A. The Plaintiff’s assertion 1) Around the beginning of April 2012, the Plaintiff and the Defendant, and G were gathered and agreed with the Defendant to set up KRW 10,00,000 for the construction work of the instant Moel, and the Plaintiff entered into an oral agreement with the Defendant at the Defendant’s request during the construction work, and the total construction cost was KRW 18,71,800. The Plaintiff completed the construction work around June 2013. The Defendant paid KRW 2,00,000, which is a part of the construction cost, and did not pay the remainder of the construction cost. Accordingly, the Defendant’s assertion that the Plaintiff paid KRW 16,711,80 and delay damages to the Plaintiff is the Plaintiff’s representative of H (hereinafter “H”) and the Plaintiff entered into a construction contract with G,7,700,000,000, which is an oral representation of H (hereinafter “H”).
On April 23, 2012, the Defendant remitted the remainder of KRW 5,700,000 to H, and on May 6, 2012, the Defendant remitted the remainder of KRW 2,000,000 to the Plaintiff and paid all of the signboard costs.
B. In light of the fact that the Plaintiff directly entered into a contract for a signboard construction with the Defendant, there are evidence evidence Nos. 3 and 7 (G’s confirmation) and witness G of the first instance trial.
However, the following facts and circumstances, i.e., Gap evidence 8, Eul evidence 6-1, 2, and Eul evidence 15, and Eul evidence 15, and the whole purport of the pleadings, which can be revealed in the testimony of the witness I of the trial court, are the following facts and circumstances.