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1. The Plaintiff:
A. Defendant A’s KRW 68,643,840 as well as 5% per annum from February 1, 2015 to March 9, 2015.
Reasons
The Plaintiff supplied a swine machine to the Defendants. As of November 1, 2014, Defendant A supplied the unpaid price, Defendant B had KRW 77,643,840 as of November 1, 2014, and Defendant B had KRW 29,389,050 as of August 13, 2014, and Defendant A promised that the unpaid price for supply to the Plaintiff shall be paid in full by January 31, 2015, the Plaintiff and the Defendant agreed that the unpaid price for supply to the Plaintiff by January 31, 2015 can be recognized by the statement in subparagraph 1-1 (the balance certificate of November 1, 2014 of Defendant A’s preparation), and thus, Defendant A’s assertion that the unpaid price for supply is only KRW 39,254,790 as of November 1, 2014 is not accepted) and between the Plaintiff and Defendant B pursuant to Article 150 of the Civil Procedure Act.
Meanwhile, according to the evidence No. 1, Defendant A transferred KRW 9,00,000 to the Plaintiff on November 30, 2014, which was after the above base date.
However, Defendant A asserts that since the above written confirmation of the balance should be prepared by mistake, the part exceeding the above amount recognized by Defendant A should be revoked. However, it is insufficient to acknowledge the fact of assertion only with the statement of No. 2, and it is not acceptable as there is no other evidence to acknowledge it.
Therefore, Defendant A shall pay to the Plaintiff 68,643,840 won (77,643,840 won - 9,000,000 won) and damages for delay at the rate of 5% per annum prescribed in the Civil Act from February 1, 2015 to March 9, 2015, which is the delivery date of the complaint from February 1, 2015, and 20% per annum prescribed in the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment, and Defendant B shall be liable to pay damages for delay at the rate of 29,389,050 won as the above 29,389,050 won and the damages for delay from the next day to May 21, 2015, which the Plaintiff seeks after the above base date, from December 1, 2014 to the delivery date of the complaint.
Therefore, the plaintiff.