A. The Plaintiff is a company that runs the wholesale and retail business of steel materials, and the Defendant is a company that manufactures and installs steel structures and steel structures.

B. Around March 5, 2018, the Plaintiff and the Defendant supplied steel products, etc. to the Defendant. In the case of credit purchase, the Defendant agreed to pay the full amount of the steel products, etc. to the Defendant on the 30th day of each month as the due date for payment on the 30th day of the following month. Around March 2018, the Plaintiff supplied the amount equivalent to KRW 112,468,756 to the Defendant by supplying the amount of steel products, etc. to the Defendant at the site of new construction of a factory located in Yongnam-gun, Youngnam-gun.

C. On September 2018, the Defendant paid to the Plaintiff KRW 50 million out of the credit purchase price of the said steel products, etc. 12,468,756.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. Determination

A. According to the facts of recognition prior to the determination on the cause of the claim, the defendant is obligated to pay to the plaintiff 62,468,750 won, excluding the credit purchase amount of the above steel products supplied by the plaintiff 112,468,756 won, and damages for delay calculated at the rate of 12% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from June 4, 2020 to the day of full payment, as seen earlier, as the plaintiff seeks, from the remainder of 62,468,756 won, excluding the credit purchase amount of the above steel products supplied by the plaintiff 112,468,756 won.

B. Around March 2018, the summary of the Defendant’s assertion 1, the Defendant entered into a subcontract agreement with D and “YAC Factory Construction,” and concluded a subcontract agreement with D and “YAC Factory Construction,” and at the time steel materials were supplied through the Plaintiff that was introduced at the site. The Plaintiff agreed to pay the price for the steel materials provided by the Plaintiff when the construction cost is paid at the site.

The Defendant received KRW 100 million for the first time from D around September 2018 in accordance with the foregoing agreement and paid KRW 50 million among them to the Plaintiff, but thereafter.