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1. The Defendant’s KRW 50,800,835 as well as the Plaintiff’s KRW 20% per annum from September 16, 2015 to September 30, 2015.
Reasons
1. Determination as to the cause of claim
A. In October 2014, the Plaintiff and B determined the construction cost by reflecting the prices of ready-mixed concrete (a mixture of cement, cement, sand, and water at a certain rate; hereinafter “mar”), such as cement tar to be supplied and used by the Plaintiff when entering into the initial construction contract, the Plaintiff and B agreed to newly construct a uniform model at the adjoining location of Jindo-gun C, Jindo-gun, and entered into a construction contract with D in a lump sum. 2) The Plaintiff, B, and D agreed to pay the construction cost by deducting the price of ready-mixed concrete (amy-mixed rete, hereinafter “ Lear”), such as cement tar to be supplied and used by the Plaintiff at the time of entering into the initial construction contract. However, the construction contractor’s credit problem at the Plaintiff’s request, the Defendants paid directly ready-mixed to the Plaintiff, and paid the price of ready-mixed to D after deducting the price paid to the Plaintiff from the initial construction cost.
3) D ordered the Plaintiff to divide the Defendant’s aquaculture and B’s aquaculture, and the Plaintiff supplied ready-mixed at the construction site of each aquaculture according to D’s order. 4) The Plaintiff supplied ready-mixed at the site of the Defendant’s aquaculture from July 1, 2014 to May 22, 2015, totaling KRW 209,510,000 to the Defendant’s aquaculture construction site.
5) From January 27, 2015 to August 5, 2015, the Defendant paid 149,327,493 won (=29,780,000 + 58,176,796 + 61,370,697 won + 697 won) out of the total amount paid to the Plaintiff three times from January 27, 2015 to August 5, 2015, and the Plaintiff awarded a discount of KRW 9,381,672. [Grounds for recognition] without dispute (the Defendant partially revoked confession, but the revocation of confession has no effect as determined separately thereafter.
(A) evidence Nos. 1, 2, 4, 7 and 10, 11, and 12 (if any, including each number, the purport of each part of the witness B and D, as a whole, and the purport of the whole pleadings.
B. 1) According to the facts seen earlier, according to the Defendant’s obligation to pay ready-mixeds, the Defendant is liable to pay the remainder of the ready-mixeds to the Plaintiff (=209,510,000-149,327).