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1. The Defendant’s KRW 25,233,600 and annual interest thereon from June 9, 2018 to September 20, 2018 and the next day.
Reasons
1. Facts of recognition;
A. The Plaintiff is a person who engages in wholesale business, such as steel products, under the trade name of “C,” and the Defendant is a person who engages in construction business under the trade name of “D.”
B. Around May 2017, the Plaintiff entered into a contract on the supply of construction materials, etc. with the Defendant, and supplied construction materials, etc. equivalent to KRW 56,733,600 from May 2017 to November 2017.
C. From August 11, 2017 to December 28, 2017, the Plaintiff received KRW 31,500,000,000 from the Defendant’s total price of goods.
[Ground of recognition] Facts without dispute, Gap evidence 1 to 5, Eul evidence 1, the purport of the whole pleadings
2. According to the above facts of recognition, the defendant is obligated to pay to the plaintiff 25,233,600 won (i.e., 56,733,600 won - 31,500 won) and to pay damages for delay calculated at the rate of 15% per annum under the Commercial Act from June 9, 2018, which is the day following the day when the copy of the complaint of this case is served, to September 20, 2018, which is the day when the judgment of this case was rendered, to the defendant as to the existence and scope of the obligation.
The Plaintiff: (a) even after December 2017, the Defendant, who continued to supply construction materials, etc., supplied additional goods equivalent to KRW 13,480,50,00 in total from December 2, 2017 to January 2018; and (b) demanded the Plaintiff to issue a tax invoice and pay the price to the Plaintiff; and (c) accordingly, the Defendant asserts that the Plaintiff had the obligation to pay the price for the goods equivalent to KRW 13,480,50 and the damages for delay.
In full view of the purport of the entire argument in Gap evidence No. 1, the plaintiff issued each tax invoice on January 11, 2017 and January 31, 2017, each of the tax invoices on January 31, 2017, but the goods equivalent to the above amount are recognized under the goods supply contract between the original defendant.