1. The Defendant’s KRW 142,322,462 as well as the Plaintiff’s annual rate from February 1, 2016 to September 9, 2016.

1. The Plaintiff’s determination as to the cause of the claim is recognized in full view of the entries in subparagraphs 1 through 6, 1, 2, and 2 (including additional numbers), and the overall purport of the pleadings and arguments as follows: (a) as between August 2, 2015 and January 31, 2016, the Plaintiff supplied an Arabic container equivalent to KRW 142,322,462 (including value-added tax) at the construction site of the Defendant (Seoul Dongdong-gu Co., Ltd.) at the site of the Defendant (Seouldong-gu Co., Ltd.) (including the value-added tax) and the fact that there is no dispute between the parties concerned; and (b) the Defendant has the obligation to pay the Plaintiff damages for delay from February 1, 2016 to September 5, 2016, which is the date following the final delivery date for which the Plaintiff seeks to pay for the purport of the instant claim and the cause of the claim, barring any special circumstance.

2. The defendant's assertion and judgment as to it

A. First, the Plaintiff and the Defendant, as a member company of the Mineyang Consing Council, have been formally offseted by goods (containers) other than cash. Thus, the Plaintiff’s claim in this case is contrary to the above practice and the Defendant’s agreement, and thus is contrary to the good faith principle. However, there exists a practice to offset the amount by goods between the Plaintiff and the Defendant, on the sole basis of each description of the evidence Nos. 3 and 4 (including the serial number).

It is insufficient to recognize that the Plaintiff and the Defendant agreed to offset the price into the goods of the goods, and there is no other evidence to acknowledge it, and the above assertion by the Defendant is without merit.

B. Next, the Defendant asserts to the effect that the Defendant’s claim for the payment of the price for asphalt for the portion for which the above period is not over, is unfair, since the Defendant bears the warranty liability for the defect liability for one year or two years after the delivery of the goods supplied through the Plaintiff for each construction site.

Domins, B. 5,8, 8.