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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. Determination on the cause of the claim
A. The Plaintiff is a merchant engaging in steel-reretail retail business with the trade name of “C”; the Defendant conducted a factory construction construction work (hereinafter “instant construction”); while the Plaintiff supplied the Defendant with steel bars equivalent to KRW 9,970,000 from August 28, 2013 to September 10, 2013, the Plaintiff received only KRW 3,850,000 out of the payment (including KRW 385,00,000) from the Defendant, the payment of KRW 3,850,00 (including KRW 4,235,00,000, including the additional tax 385,000) does not conflict between the parties, or is recognized by taking into account the overall purport of arguments as stated in the evidence No. 1 to 3, and No. 5.
B. The defendant asserts that the construction of this case was awarded a contract to E, that all of the construction cost incurred before the discontinuance of the construction work due to the negligence of E was paid to E, and that the above steel bars were purchased and used by E, and that the payment obligation for the above price also exists to E.
However, according to the statements in Gap evidence Nos. 2 and 5, the defendant signed the "10/28 B" in the transaction statement of October 23, 2013, stating that his name is stated in the supplier column, and that the defendant paid 4,235,00 won (3,850,000 won of sales amount, value-added tax 385,000,000 won in total, and the remaining 6,120,000 won in the transaction statement of October 23, 2013. The contract on the supply of the steel of this case was concluded between the plaintiff and the defendant. In light of these facts, it is reasonable to deem that the contract on the supply of the steel of this case was concluded between the plaintiff and the defendant.
C. Therefore, the Defendant’s lawsuit promotion, etc. is conducted from September 11, 2013 to May 22, 2014, where it is clear that the Plaintiff’s delivery date of the instant payment order is the delivery date of the original copy of the instant payment order from September 11, 2013 to the date of full payment from the following day to the date of full payment.