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1. The Defendant: KRW 80,587,250 for the Plaintiff and KRW 20% per annum from September 19, 2015 to September 30, 2015.
Reasons
1. Basic facts
A. On July 29, 2013, the Defendant, who is engaged in a building business, etc. under the trade name of “B,” was awarded a subcontract for damp-gu Co., Ltd. in KRW 706,570,000 (excluding value-added tax) among the “C Corporation”.
B. From August 23, 2013 to June 29, 2014, the Plaintiff supplied cement amounting to KRW 98,166,750 as necessary at the said site, but was not paid KRW 80,587,250.
【Ground of recognition】 The fact that there is no dispute, Gap's 1, 2, 3, 6 evidence, Eul's 1 and 2, the purport of the whole pleadings
2. In full view of the purport of the entire pleadings as to the cause of claim No. 1, the person who entered into a cement supply contract with the Plaintiff can be acknowledged as the Defendant. Thus, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff 80,587,250 won of cement price and damages for delay calculated at the annual interest rate of 15% per annum under the main sentence of Article 3(1) of the former Act on Special Cases Concerning Expedition, etc. of Legal Proceedings, from September 19, 2015 to September 30, 2015, which is the day following the delivery date of the original original copy of the instant payment order sought by the Plaintiff after the last supply date of the payment order, to September 30, 2015, and the main sentence of Article 3(1) of the former Act on Special Cases Concerning Expedition, etc. of Legal Proceedings (wholly amended by Presidential Decree No. 26553, Sep. 25, 2015).
(A) The plaintiff's claim for partial damages on the premise different from this is rejected). 3. Judgment on the defendant's argument
A. The defendant's assertion that the defendant, the defendant and the defendant's subcontractor, had a "direct payment agreement" that the plaintiff should pay the cement price to the plaintiff directly, the subcontractor, and cement cement company, and cement cement company, the plaintiff was cement in Tae Young-gu according to the direct payment agreement.