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1. The Defendant’s KRW 32,743,064 and its related KRW 6% per annum from January 1, 2017 to April 16, 2019, and from April 17, 2019 to the Plaintiff.
Reasons
In light of the absence of dispute between the parties or the overall purport of evidence evidence and the pleading, the Plaintiff and the Defendant on September 1, 2015 can be acknowledged as having concluded a material supply contract with the content that the Plaintiff and the Defendant should supply the materials as of September 1, 2015, and the Defendant should pay the materials as of the end of each month. The Plaintiff supplied the materials to the Defendant from around that time to December 15, 2016, and did not receive KRW 32,743,064 out of the price.
In this regard, the defendant asserts that the defendant is not obligated to pay the price for the materials supplied by the plaintiff, and the construction materials asserted by the plaintiff that the plaintiff supplied are supplied to D, not to the defendant, but to the field agent of the owner of the building on the ground of Hongcheon-gun apartment C.
However, there is no evidence to acknowledge the defendant's assertion, and the defendant's assertion is not acceptable.
If so, the defendant is obligated to pay to the plaintiff 32,743,064 won for the unpaid goods and damages for delay calculated by the rate of 6% per annum under the Commercial Act from January 1, 2017 to April 16, 2019, the delivery date of the payment order of this case, 15% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from April 17, 2019 to May 31, 2019, and 12% per annum from the next day to the day of full payment.