beta
Text
1.The judgment of the first instance shall be modified as follows:
The defendant's Jeonju District Court's assistance to the plaintiff.
Reasons
1. The facts constituting the following facts can be acknowledged in full view of the following facts: (a) there is no dispute between the parties; (b) evidence Nos. 1 to 4; (c) evidence Nos. 11; (d) evidence Nos. 4 to 6 (including branch numbers); and (e) testimony No. 1 to witness B of the first instance trial.
The Defendant entered into a supply contract of earth and sand (hereinafter “instant supply contract”) between the Plaintiff and the Plaintiff to supply earth and sand per 25,000 won per 25.5 tons truck. Accordingly, from March 9, 2012 to March 15, 2012, the Defendant supplied 435 truck and 921 truck to the Plaintiff from April 14, 2012 to May 9, 2012. The Defendant supplied 33,90,000 won for earth and sand supplied by the Plaintiff (i.e., 1,356 x 25,00 won).
B. On April 10, 2012, the Plaintiff paid KRW 20,000,00 to the Defendant as soil and sand price.
C. On October 15, 2013, the Defendant filed a lawsuit against the Plaintiff seeking payment of the price of earth and sand that was not received pursuant to the instant supply contract with the Jeonju District Court Decision 2013Gau1900, which was the High Military Court 2013. On September 17, 2013, the said court rendered a decision of performance recommendation that “the Defendant shall pay the Plaintiff KRW 13,925,00 and the delay damages therefor,” and the said decision of performance recommendation was served on the Plaintiff on October 15, 2013, and the said decision of performance recommendation became final and conclusive on October 30, 2013 because the Plaintiff did not file a legitimate objection within the objection period.
(As seen earlier, the remaining price for earth and sand, excluding KRW 20,000,00 already received at KRW 33,900,000, or KRW 13,900,000, or the amount of earth and sand supplied by the Defendant to the Plaintiff as calculated according to KRW 1,357, or the amount of soil and sand supplied by the Defendant to the Plaintiff was further recognized as KRW 25,000 in the above performance recommendation decision, and the Defendant recognized it in the preparatory brief dated May 20, 2014).
A. According to the above facts of recognition, the plaintiff did not pay to the defendant unless there are special circumstances.