The defendant shall pay 88,68,500 won to the plaintiff and 12% per annum from September 12, 2020 to the day of complete payment.

Facts of recognition

On July 25, 2019, the Plaintiff and the Defendant concluded a contract with the content that the Plaintiff would supply ready-mixed at the construction site executed by the Defendant.

The Plaintiff supplied ready-mixed equivalent to KRW 100,248,50 in total to the Defendant from July 27, 2019 to December 23, 2019.

[Grounds for recognition] According to the above facts in Gap evidence Nos. 1 through 6 and the purport of the entire pleadings, the defendant is obligated to pay 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 September 12, 2020 to the date of complete payment, which is clear as to the plaintiff's 8,688,500 won, excluding 11,560,500 won for ready-mixed supplied to the plaintiff, which is paid by the plaintiff, and the date following the day when the original copy of the instant payment order was served to the defendant.

As to this, the defendant is different from the quantity and details of ready-mixed supplied by the plaintiff.

One of the arguments is that there is no evidence to acknowledge it.

Therefore, the plaintiff's claim is justified and it is so decided as per Disposition.