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1. The Defendant amounting to KRW 36.2 million to the Plaintiff and the Plaintiff’s annual rate of 6% from August 26, 2012 to August 21, 2015.
Reasons
1. Basic facts
A. The Plaintiff is a company established for the purpose of manufacturing solid fuels with the trade name B, and the Defendant is a company established for the purpose of manufacturing solid fuels using waste synthetic resin.
B. On March 8, 2012, the Plaintiff entered into a contract with the Defendant for the construction of the instant facilities (hereinafter “instant contract”) around August 25, 2012, the Plaintiff entered into a contract on the production and installation of solid fuels made of the Defendant and RPF Refuse Plause Pla, waste plastics, etc. (hereinafter “instant facilities”).
Meanwhile, in relation to the instant contract, the Defendant paid to the Plaintiff totaling KRW 585 million from May 3, 2012 to November 30, 2012.
[Ground of recognition] The fact that there is no dispute, Gap's 1, 3, 4, 5, Eul's 1 (including Serial number; hereinafter the same shall apply)'s entries and the purport of whole pleadings
2. The plaintiff asserts that, among the product costs of this case, 638 million won (=the contract amount of 580 million won value-added tax of 580 million won) the amount of KRW 55 million paid by the defendant was not paid for the goods remaining after deducting the amount of KRW 55 million paid by the defendant and the amount of KRW 58 million for liquidated damages, and that the defendant did not have received a refund of KRW 80 million out of the amount of the goods paid to the plaintiff, and ② the difference between the electrical construction cost of KRW 31.5 million paid to C and D and the amount of KRW 31.5 million paid to the plaintiff instead of the plaintiff, and ③ the difference between the amount of KRW 22 million paid by the plaintiff and the amount of damages and liquidated damages should be additionally deducted.
The defendant asserts that the actual contract amount of this case is KRW 789,80,000,000 and that 15,180,000,000 shall be deducted from the amount of the contract claimed by the defendant. However, the amount of the contract claimed by the plaintiff shall be KRW 150,000,000 from the amount of the contract.