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1. The Defendant’s KRW 52,064,245 as well as the Plaintiff’s KRW 6% per annum from October 22, 2014 to May 12, 2015.
Reasons
1. Basic facts
A. On October 2013, the Plaintiff entered into a contract with the Defendant who is engaged in the processing, storage, distribution, etc. of fishery products, setting the construction cost of 28,107,300 won for the construction of warehouse B located in Yangyang-gun and the construction period from November 1, 2013 to November 10, 2013, and completed the said construction work on December 31, 2013.
B. Around November 2013, the Plaintiff entered into a contract with the Defendant for the first construction work of Defendant C on the ground of Yong-gun, Young-gun, Jeonnam-gun during the construction period from November 20, 2013 to February 12, 2014; and around May 2014, the Plaintiff entered into a contract with the Defendant for the second construction work of Defendant C during the construction period from November 20, 2013 to February 12, 2014; and the contract was concluded from June 1, 2014 to July 14, 2014; and completed each of the said construction works.
C. From November 5, 2013 to July 26, 2014, the Plaintiff agreed to pay to the Defendant within the city that reached the due date without having specified the specific due date, and leased KRW 52,502,00 in total over 19 times, as stated in the separate loan agreement, without interest agreement.
[Identification Evidence] Facts without dispute, entry of Gap evidence 1 to 11 (including provisional number) and the purport of the whole pleadings
2. Determination
A. According to the above facts, the defendant sought reimbursement of the remainder of KRW 81,882,245 (i.e., total construction cost of KRW 28,107,30 (= KRW 17,536,845) and the total amount of KRW 52,502,00 and loans of KRW 134,384,245 (i.e., KRW 81,82,245, KRW 52,50, KRW 52,500) to the plaintiff (i.e., total amount of KRW 81,882,50, KRW 52,500) and KRW 2320,000 from the defendant (i.e., total construction cost of KRW 28,974,600, KRW 1305, KRW 2005, KRW 2005, KRW 36,2005, KRW 2005, KRW 2005, KRW 25364,20054,20545