물품대금
1. The Defendant’s 43,749,870 won and the interest rate of 15% per annum from August 3, 2017 to the date of complete payment.
According to the purport of Gap evidence Nos. 1 through 4 as to the cause of the claim and the whole pleadings, the plaintiff entered into a contract with Taewon Integrated Construction Co., Ltd. on September 10, 2015, and Taewon General Construction Co., Ltd. and ELD Construction Co., Ltd. on February 18, 2016 and the construction site of the above companies to supply ready-mixeds. Accordingly, the plaintiff supplied ready-mixeds equivalent to KRW 114,416,610 to the above construction site from September 10, 2015 to April 23, 2016. However, although the plaintiff supplied ready-mixeds equivalent to KRW 114,416,610 to the above construction site, the plaintiff did not receive the remaining 36,416,610 won, and the defendant, the owner of the above construction, who agreed to pay the price to the plaintiff directly after the above construction site to the plaintiff as well as the remaining amount of KRW 36,616,84,610.
According to the above facts, the defendant is obligated to pay to the plaintiff 43,749,870 won unpaid ready-mixed and delay damages at the rate of 15% per annum from August 3, 2017 to the date of full payment, which is the day following the delivery date of the application for the payment order in this case.
(4) The Defendant’s assertion argues that the Defendant did not have any obligation to pay the amount for delay to the Plaintiff, since the Plaintiff claimed for delay damages from September 27, 2016, but the obligation to pay the amount for delay is a debt with no fixed time limit, and thus, is liable for delay from the following day after the date of receiving the claim for performance. As such, the Defendant’s claim on the payment order of this case is without merit.
As seen earlier, the Defendant.