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1. The defendant shall pay 6,645,110 won to the plaintiff and 18% per annum from August 11, 2020 to the day of complete payment.
Reasons
1. Facts of recognition;
A. A. Around December 2017, the Plaintiff and the Defendant entered into a basic contract for the supply of goods (hereinafter “instant goods supply contract”) with the Plaintiff’s supply of steel products to the construction works for the Young-gu Seoul High-si Construction Project (hereinafter “instant new construction”) that the Defendant newly built, and entered into said basic contract with the following main contents:
The purpose of this Agreement is to prescribe all the conditions and methods concerning the supply of goods between "A" and "B" and to ensure the common interests of both companies through smooth transactions by stipulating the matters to be observed by both parties.
Article 1 (Scope of Application) Article 2 (Contract Amount) Article 4 (Settlement Method) Article 4 (Settlement Method) of the Unit Price Contracts Act, "A" shall pay to "B" the price of goods in cash by the settlement date determined.
Article 5 (Settlement Date) "A" shall deposit the full amount of the price of the goods under the unit price contract (9 September 2018) at the time of the completion of this construction into the account of the Bank Bank A and the Bank D).
Article 10 (Loss of Benefit of Time) “A” shall, where any of the following causes has occurred, lose the benefit of time for all obligations, have the obligation to immediately repay or fulfill, and shall pay overdue interest (18%) from the date of delay on the basis of the overdue interest rate of commercial banks:
5. Where "A" cannot pay the price of goods to "B" on the settlement date for other reasons.
B. According to the instant goods supply contract, the Plaintiff supplied steel products worth KRW 306,659,282 to the Defendant from December 2, 2017 to March 12, 2018. The Defendant paid KRW 35,000,000 out of the price of the goods on January 19, 2018.
C. Around March 12, 2018, the Plaintiff and the Defendant have confirmed that the balance of the price of goods as of the time and at that time is KRW 271,659,282 (=306,659,282-35,00,000).