자재대금
1. The Defendant shall pay to the Plaintiff KRW 38,50,000 and the interest rate of KRW 15% per annum from September 19, 2018 to the day of complete payment.
On November 10, 2016, the Plaintiff entered into a contract to supply goods (hereinafter “instant contract”) with the Defendant to receive KRW 105,000,000 (115,500,000,000 (in the event of additional tax, 115,50,000) for the supply of the household to the D hotel (hereinafter “the instant contract”) and supplied all of the households to the D hotel by January 2017 under the said contract; the Defendant paid KRW 77,00,000 to the said supply price; and the Defendant did not pay the remainder of KRW 38,50,000 to the Plaintiff is recognized by taking account of the overall purport of the pleadings in the statement in subparagraphs 1 through 4 above.
According to the above facts of recognition, the defendant is obligated to pay to the plaintiff the amount of 38,500,000 won payable to the plaintiff and damages for delay calculated at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from September 19, 2018, which is the delivery date of the written complaint of this case, to the day of complete payment, as requested by the plaintiff.
As to this, the Defendant asserted that the Plaintiff cannot pay the unpaid price for the supply of the e-mail that the Plaintiff received from the D hotel on October 4, 2017 due to a large number of defects in the households that the Plaintiff supplied to the D hotel, and that according to the evidence No. 5, it is recognized that the Defendant received e-mail from the D hotel to request the Plaintiff to repair defects in the households as of October 4, 2017.
However, according to the statement in Gap evidence No. 5, the plaintiff completed the defect repair of the above household at the defendant's request and sent the certificate of defect repair completion to the plaintiff as of October 29, 2017, and the defendant did not have any additional claim for the defect repair until the plaintiff filed the lawsuit in this case. The above fact of recognition is that the plaintiff fulfilled all the obligation to repair the defect, and as for the fact that there was an additional defect after the plaintiff completed the defect repair of the above household, the document prepared by the defendant unilaterally.