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1. The Defendant: (a) KRW 10,544,600 for the Plaintiff and KRW 6% per annum from February 22, 2014 to January 16, 2015.
Reasons
1. Basic facts
A. The Plaintiff was awarded a contract for road expansion works from the Busan Metropolitan City to the front ex officio of war.
B. The Plaintiff entered into a high-end sales contract with the Defendant to sell scrap arising from the process of removing bridges to the Defendant, which is a part of the above construction works, to the Defendant. The main contents of the said subcontract and the said high-end sales contract are as follows.
A subcontract agreement for the removal of land from the Republic of Korea on June 27, 2012
4. Construction period: Amount of contract on December 29, 2012 after completion of December 29, 2012, 202: 22,660,000 won: Amount of supply: 20,600,000 won (amount of labor cost: KRW 20,60,000; KRW 2,060,000.
6. Payment of the price;
(1) Payment shall be made within 15 days from the date of receiving the adjustment from the ordering person in accordance with the contents and proportion of the adjustment (2) within 30 days from the date of receiving the adjustment due to any change in the design, the change in the economic situation, etc.
4. Period: Amount of contract on June 18, 12. to December 30, 12. 30: 5,660,000 won - Amount of supply: 50,60,000 won - Value-added tax: 5,060,000 won.
6. Payment of the price;
(b) Proceeds of goods: Cash deposit immediately after the improvement of disposal of the goods; and
7. Attached documents: A detailed statement.
C. After the conclusion of the instant subcontract, the Plaintiff’s construction was suspended at the Plaintiff’s request due to site conditions and delay in the process, etc., and the Plaintiff notified the Defendant of the termination of construction work on August 23, 2013. Accordingly, the Defendant resumed the construction work on August 26, 2013 and completed the following construction work, and removed the scrap from the process of removal.
[Ground of recognition] Facts without dispute, entry in Gap 1 through 4, purport of whole pleadings
2. The parties' assertion
A. After the completion of the construction work by the Plaintiff, the fixed trade unit price was lower than the time of the contract due to the delay of the construction work. Unlike the agreement under the High Re-Sale Contract, Aluminium at the time of the removal did not have any alinium, and the number of iron bars was not sufficient. Thus, the removal of iron bars is difficult.