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1. The Defendant’s KRW 40,293,600 as well as the Plaintiff’s annual rate of KRW 5% from April 12, 2016 to November 3, 2016.
Reasons
1. The following facts may be found either in dispute between the parties or in Gap evidence Nos. 2- 4 (including a serial number) based on the whole purport of the pleadings.
Apyble Co., Ltd. (hereinafter “Epyble oil”) is the implementer of the construction of the Busan Jin-gu Busan Metropolitan City C Apartment (hereinafter “instant apartment”) (hereinafter “instant apartment”) and ordered the installation part of the instant construction to the additional Ep&D Co., Ltd. (hereinafter “AmbD”). Around around 2013, the Defendant, who is engaged in the business of installation, etc. with the trade name “D,” was awarded a subcontract for the said installation from Ambn&D.
B. Around June 2013, the Plaintiff supplied 37,950,000 won of the price at the construction site of this case (including value-added tax) to the Plaintiff, who is engaged in the business, such as the sale of tools with the trade name “E” (hereinafter “E, etc.”).
C. In addition, around December 2011, the Plaintiff supplied various tools equivalent to KRW 1,628,600 at the construction site of Kimhae-si F performed by the Defendant, and around April 2012, the Plaintiff supplied each of the tools equivalent to KRW 715,000 at the construction site of Busan-gu G that is performed by the Defendant.
2. The assertion and judgment
A. The gist of the parties’ assertion (1) The Plaintiff’s tools supplied at the construction site of this case were used by the Defendant for carrying out the re-subcontracted installation work, and the payment was made by the Defendant.
Therefore, the Defendant is obligated to pay to the Plaintiff the total amount of KRW 40,293,600 (=37,950,000 won) and damages for delay.
(2) The Plaintiff received the sales right under the instant apartment No. 505 from the Epyp oil, and supplied the implements, etc. at the construction site of the instant case.
The defendant's transfer of the apartment house 1104 in order to pay the construction cost from the Embble oil, and there is a difference between the value and the construction cost.