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1. The Defendant’s KRW 323,322,953 as well as the Plaintiff’s annual rate of KRW 5% from July 22, 2014 to December 18, 2014.
Reasons
In the absence of dispute between the parties to the Defendant’s obligation to pay oil prices, or taking account of the overall purport of the arguments in the statements in Gap evidence Nos. 3, 5, 12, 13 (including each number; hereinafter the same shall apply), Gap evidence Nos. 4-1, 2, and Eul evidence Nos. 3-2, the Plaintiff may recognize the fact that the Plaintiff supplied the Defendant with the total amount of KRW 323,32,953, as shown below, seven of the construction machinery owned by the Defendant and the total amount of light oil and gasoline used for civil engineering works among the housing redevelopment construction works in B, which the Defendant proceeds from March 1, 2014 to April 30, 2014.
Therefore, the defendant recognizes only damages for delay from the date of filing the claim for the performance, unless the plaintiff, which contained the plaintiff's intent to seek the performance of the oil price 323,322,953, and the plaintiff did not give any specific argument on the date of payment of the oil price of this case.
From July 22, 2014, the day following the delivery date of the duplicate of the complaint in this case, the Defendant is obliged to pay 5% per annum as provided by the Civil Act until December 18, 2014, which is the date of this decision, and 20% per annum as provided by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment.
The defendant's assertion as to the defendant's assertion asserts that the plaintiff should deduct the above amount from the oil price of this case, since the plaintiff acquired a total amount of KRW 9,350,00 won (=100 liter x 550 x 1,700 won) by supplying not less than 100 m3.5 million m3.
Judgment
The following facts are not disputed between the parties, or acknowledged as a whole by taking account of the overall purport of the arguments in Gap evidence 6, 7, 8, 14, and 18.
On June 18, 2014, the Plaintiff, in a manner that inhales light oil remaining in pipes through inhaled pipes and inhaled valves installed in C-Tank Vehicles owned by the Plaintiff, once every seven weeks of construction machinery owned by the Defendant.