물품대금
1. Of the judgment of the court of first instance, the part against the Plaintiff (Counterclaim Defendant) corresponding to the money ordered to be paid below.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. The Plaintiff concluded a supply contract between the Defendant and the Defendant, a contractor for construction of a multi-household building B in the window B of Changwon-si, to supply building materials, etc. to the above construction site between C and the subcontractor for the above construction.
B. According to the above supply contract, from April 15, 2015 to August 31, 2015, the Plaintiff supplied the Defendant a total of KRW 24,361,300, and the Plaintiff supplied the Defendant a total of KRW 48,394,300 to C who is the subcontractor.
C. The Plaintiff received KRW 20,00,000,000 from the Defendant on August 5, 2015, plus KRW 10,000,000 on August 13, 2015.
[Ground of recognition] Facts without dispute, Gap evidence 1-2, 3, Gap evidence 3, 4, and 11-2, Gap evidence 3, 4, and 11, the appraisal result of the party-trial appraiser D, the fact inquiry results to the appraiser of the court of the party-trial and the purport of the whole pleadings
2. We examine the judgment on the claim of this case. The plaintiff supplied the defendant with construction materials equivalent to 24,361,300 won in total as seen earlier. Since the plaintiff was paid 20,000,000 won among them from the defendant, the defendant is liable to pay the plaintiff 4,361,300 won (=24,361,300-20,000 won) payable to the plaintiff, and as requested by the plaintiff, from December 18, 2015, the day following the delivery day of the original copy of the payment order of this case until January 24, 2018, which is the sentencing day of the court of first instance, to dispute about the existence and scope of the defendant's obligation to pay damages for delay calculated at a rate of 6% per annum as prescribed by the Commercial Act and 15% per annum as prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, etc. from the next day to the day of complete payment.
3. Judgment on the counterclaim
A. The Defendant’s assertion that only KRW 10,894,950 is the price for the goods indicated as “direction”, “facilities”, and “unclaimed sheet” in the transaction statement prepared by the Plaintiff and confirmed by the assignee, and constitutes the price for the goods directly supplied by the Plaintiff to the Defendant.
However, there is a problem.