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1. Defendant B’s KRW 232,964,40, and as to the Plaintiff, KRW 5% per annum from July 31, 2015 to March 17, 2016.
Reasons
1. Determination as to the claim against the defendant B
A. On February 16, 2012, the Plaintiff entered into a contract for the sale of goods, the sales price of which is KRW 920,000 per ton, with respect to H-type river (300m x 300m m) from February 16, 2012 to February 15, 2013; and H-type 1,000 tons per ton of rental fees, with respect to the sale price of KRW 28,00 per ton of rental fees.
After that, on March 13, 2012, the supply volume of the above lease agreement and the sales contract for goods was changed to 2,500 tons and 1,500 tons respectively, and based on each of the above contracts, H-type 2,869.452 tons were supplied for tin construction.
However, as the financial standing of tin Construction has aggravated, the Plaintiff concluded a new contract on July 27, 2012 with the view to purchasing the H-type 1,603.452 tons of H-type 1,603.452 tons supplied pursuant to the above goods sales contract between tin Construction and the said goods, on the other hand, to lease tin construction.
However, on November 20, 2012, Defendant B, the creditor of Hean Construction, seized 2,200 tons of the above H-type H-type river (including the above 1,603.452 tons). The Plaintiff filed a lawsuit of demurrer against a third party, thereby winning in all of the above seizure on July 23, 2015.
(Supreme Court) (Supreme Court Decision 2015Da211838). As a result, the Plaintiff, while the seizure and lawsuit as above continue, has additionally incurred KRW 54,00,000 for H-type lecture 2,200 tons, as well as for H-type lecture 596.548 tons (i.e., 2,200 tons - 1,603.452 tons) for which Defendant B had not been subject to the principal dispute over the said lawsuit, he/she incurred a loss from the market price decline of KRW 178,964,40 for this portion by the time the judgment became final and conclusive.
Therefore, Defendant B, as compensation for damages caused by an illegal act, is the Plaintiff’s KRW 232,964,40 and the service date of the copy of the complaint of this case from July 31, 2015 to the date of delivery of the copy of the complaint of this case.