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1. The Defendant’s KRW 62,846,688 as well as the Plaintiff’s KRW 15% per annum from May 10, 2019 to May 31, 2019.
Reasons
In full view of the purport of the entire arguments in Gap evidence Nos. 2 and 3 (including branch numbers), it is recognized that the plaintiff sold construction materials equivalent to KRW 139,55,405 (including value-added tax) to the defendant from January 3, 2016 to June 19, 2017, and that the plaintiff received reimbursement of KRW 76,708,717 among them.
Therefore, the Defendant is obligated to pay to the Plaintiff 62,846,688 won (i.e., KRW 139,55,405 - KRW 76,708,717) and damages for delay calculated at each rate of 12% per annum as stipulated in the main sentence of Article 3(1) of the former Act on Special Cases Concerning Expedition, etc. of Legal Proceedings (amended by Presidential Decree No. 29768, May 21, 2019) from May 10 to May 31, 2019, the day following the delivery of a copy of the complaint in this case.
Thus, the plaintiff's claim is justified within the above scope of recognition, and it is partially accepted.
The Plaintiff, at the time of filing the first suit, was 63,987,583 won, but subsequently reduced the claim amount to 62,846,688 won on the ground of mistake in calculation in the preparatory brief dated September 11, 2019, but did not modify the purport of the claim accordingly.