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1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.
Reasons
1. The Plaintiff’s determination as to the cause of the claim is: (a) from June 2, 2016 to September 22, 2016, the Defendant was awarded a contract for KRW 30,630,08 (including additional taxes; hereinafter the same shall apply); (b) DNA painting work; (c) DNA painting work in KRW 2,166,45,50; and (d) Eisrying work in KRW 8,272,00; (c) the Plaintiff completed each of the above work; and (d) the Plaintiff was supplied with the Defendant on July 27, 2016 and September 22, 2016; and (e) the Plaintiff filed a claim for the payment of each of the above construction costs with the Defendant by issuing a tax invoice for each of the above construction costs; or (e) there is no dispute between the parties concerned; or (e) the purport of each of the entries as a whole in Gap, 4, and 5 (including the serial number; hereinafter the same shall apply).
On the other hand, the Plaintiff received KRW 5,00,000,000 from the Defendant on August 4, 2016, and KRW 10,000 on September 1, 2016, and KRW 5,000,00 on October 31, 2016, respectively.
Therefore, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff damages for delay from September 23, 2016, as sought by the Plaintiff, as follows: (a) KRW 24,154,038 ( KRW 44,154,038, KRW 30,630,088, KRW 26,450, KRW 3085,500, KRW 3085,500, KRW 8,272,000, KRW 200,000 on August 4, 2016, KRW 10,000,000 on September 1, 2016 ( KRW 5,000,000 on October 31, 2016) and as sought by the Plaintiff after the construction completion date.
2. Judgment on the defendant's defense
A. On July 26, 2017, the Defendant asserted that the Plaintiff paid KRW 2,00,000 to the Plaintiff on July 26, 2017 of the said unpaid construction price. Accordingly, according to the evidence Nos. 10, the Defendant paid KRW 2,00,000 to the Plaintiff on July 26, 2017, as part of the payment of the construction price, this part of the Defendant’s assertion is with merit.
In addition, on December 21, 2017, the defendant asserted that he paid 1,000,000 won to F who is an employee of the plaintiff, and paid the construction cost additionally.