1. The Defendant’s KRW 315,530,380 for the Plaintiff and KRW 5% per annum from March 16, 2017 to June 9, 2017.

Facts of recognition

The plaintiff is a corporation established around October 2008 for the purpose of wholesale and retail business related to building materials, steel products and heating and cooling equipment, and the defendant is a corporation established around April 2004 for the purpose of operating reinforced concrete, civil engineering and construction business.

On December 26, 2016, the Defendant entered into a subcontract to accept the instant construction of reinforced concrete (hereinafter referred to as “instant construction”) among the construction works for the B multi-family house in Asan City from the jucheon Construction Co., Ltd. (hereinafter referred to as “Macheon Construction”).

On January 17, 2017, the Plaintiff agreed with the Defendant to supply the necessary steel materials to the Defendant at the instant construction site, and entered into an agreement on the payment procedure, method, timing, etc. of the price for supply (hereinafter “instant payment agreement”).

At the time, C, a director of the defendant, guaranteed the payment agreement of this case.

According to the instant payment agreement, the Defendant supplied the Defendant with steel materials worth KRW 315,530,380 as steel materials by March 15, 2017, and by April 25, 2017. The Plaintiff supplied the Defendant with steel materials worth KRW 315,530,380 by March 2017.

[Grounds for recognition] In full view of the facts without dispute, Gap evidence Nos. 1 through 7, each of the evidence and the purport of all the arguments, which were revealed prior to the determination of the grounds for a claim as to the purport of the entire pleadings, it is recognized that the defendant agreed to pay the plaintiff the price of the materials necessary for the Corporation twice from the plaintiff on March 15, 2017 and April 25, 2017. Thus, the defendant is obliged to pay the plaintiff the price of the materials under the instant payment agreement to the plaintiff on two occasions. As such, the defendant is obliged to pay the plaintiff the price of the materials 315,530,380 won from March 16, 2017 to June 9, 2017, the delivery date of the original copy of the instant payment order from March 16, 2017 to June 9, 2017, under the Civil Act, as sought by the plaintiff.