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1. The Defendant’s KRW 26,782,140 as well as 6% per annum from October 7, 2015 to January 18, 2017 to the Plaintiff.
Reasons
1. The Plaintiff was a company that manufactures and sells ready-mixed, etc., and supplied ready-mixeds to the Defendant from December 4, 2014 to February 24, 2015, the Defendant’s “B and C Commercial Building Construction Corporation (hereinafter “the instant construction”) located in the Mine District.”
The quantity of ready-mixed supplied by the plaintiff to the defendant's site is 434 mlus, and the unit price is 56,100 mluse.
[Reasons for Recognition] Evidence Nos. 1, 2, and 3, the purport of the whole pleadings
2. Determination
A. According to the facts of the above recognition as to the cause of the claim, the defendant is obligated to pay to the plaintiff 26,782,140 won [=24,347,40 won (=56,100 won x 434 x value-added tax 2,434,740 won)] and to pay to the plaintiff 15% interest per annum as prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from October 7, 2015, the day following the delivery date of the complaint of this case sought by the plaintiff to the plaintiff.
(The plaintiff may claim payment of 27,969,480 won for ready-mixed, but the price for ready-mixed stated in the order is KRW 56,100 per lux, and can be claimed only on the basis of its unit price.
The Defendant’s assertion 1) The Defendant concluded the instant construction contract, including D’s price, with E and ready-mixed, and the Plaintiff cannot directly claim the amount of ready-mixed. However, even if the Defendant concluded the instant construction contract, including E and ready-mixed price, the Defendant is obligated to pay the amount of ready-mixed with the Plaintiff, so long as the Defendant prepared the order of ready-mixed between the Plaintiff and the Plaintiff. (2) The Defendant, who is an employee of the Plaintiff, bears the Defendant’s seal on the order of ready-mixed (Evidence No. 1) without any explanation, is unaware of any circumstances, and G bears the Defendant’s name and seal, and G bears the Defendant’s name and seal, and G is a H’s employee who is not an employee of the Defendant.