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1. The Defendant shall pay to the Plaintiff KRW 34,376,59 and the interest rate of KRW 15% per annum from May 31, 2016 to the date of full payment.
Reasons
1. The facts subsequent to the facts of recognition do not conflict between the parties, or may be acknowledged by adding up the whole purport of the pleadings to the entries in Gap evidence Nos. 1-5.
The Plaintiff engaged in the business, such as the rash processing and the mechanical parts system, with the trade name of “B”, was engaged in the manufacturing and supply of the rash processing steel plate to the Defendant from June 201 to May 2016. However, KRW 34,376,59 out of the price remains as the outstanding amount.
2. The assertion and judgment
A. According to the above facts of recognition as to the cause of the claim, the defendant is obligated to pay to the plaintiff 34,376,59 won and damages for delay at the rate of 15% per annum from May 31, 2016 to the day of complete payment, which is the day following the delivery of the copy of the application for the instant payment order sought by the plaintiff.
B. The Defendant’s assertion (1) on November 2015, 2015, the Defendant entered into a contract with Scenic Holdings Co., Ltd. (hereinafter “Scenic Holdings”) to manufacture and supply equipment necessary for manufacturing the aforesaid equipment. At that time, the Plaintiff entered into a contract with the Plaintiff to be provided with the aforesaid equipment. Since the Plaintiff suffered considerable damage on the wind of delaying the manufacture and supply of the said equipment for at least two weeks, such damage amount shall be offset against the Plaintiff’s claim amount.
(2) The Defendant’s aforementioned assertion is difficult to accept, inasmuch as there is no evidence to support that the Plaintiff delayed the supply of the scrap metal necessary for the manufacture of the raculized scrap equipment to be supplied to Pungdo Holdings.
3. Accordingly, we accept the Plaintiff’s claim and decide as per Disposition.