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1. The Defendant shall pay to the Plaintiff KRW 26,474,580 as well as 20% per annum from February 8, 2014 to the day of full payment.
Reasons
1. Facts of recognition;
A. On December 11, 2012, the Defendant entered into a contract on the construction of Eswon Co., Ltd. (hereinafter “Eswon”) and the construction of 1B7L factories in the Nam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Ulsan-do, Ulsan-do, with the construction cost of KRW 1.012 billion.
B. On February 25, 2013, the Defendant entered into a contract with the Plaintiff on the supply of ready-mixed necessary for the construction, and received from the Plaintiff the supply of ready-mixed equivalent to KRW 3,810,840 (hereinafter “ ready-mixed”) from the Plaintiff during the period from March 20, 2013 to March 26, 2013, and from April 1, 2013 to November 12, 2013 (hereinafter “ ready-mixed”).
C. The Plaintiff issued a tax invoice with the Defendant on April 30, 2013 to the Plaintiff, and the Defendant, on April 30, 2013, remitted KRW 3,810,840 to the Plaintiff from his account in its name, thereby paying the entire amount of the ready-mixed price.
On May 21, 2013, the Defendant: (a) ordered the KS Corporation to open an account 673-07-07-0017148 (hereinafter “the instant account”); (b) obtained loans from the Small and Medium Enterprise Corporation (hereinafter “Small and Medium Enterprise Corporation”) on May 28, 2013; and (c) deposited the loans into the instant account on August 16, 2013; and (d) practically controlled and managed the said money.
E. Upon the Defendant’s request, the Plaintiff issued a tax invoice with Es. A tax invoice to the person who is supplied with ready-mixed as Es. From May 31, 2013 to October 25, 2013, by remitting KRW 64,235,60 out of the total amount of money in the instant account to the Plaintiff from May 31, 2013 to October 25, 2013.
[Reasons for Recognition] Unsatisfy, Gap 1-5, Eul 1-7 evidence (including virtual number), the purport of the whole pleadings
2. Determination
A. The Defendant: (2) Of the amount of ready-mixed, the Defendant calculated the Plaintiff at the rate of 26,474,580 won (90,710,180 won-64,235,600 won) and damages for delay calculated at the rate of 20% per annum as stipulated in the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from February 8, 2014 to the date of full payment following the service of payment order.