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1. The Defendant’s KRW 150,400,000 as well as the Plaintiff’s annual rate of KRW 6% from January 6, 2015 to September 2, 2016.
Reasons
1. Determination on the claim for the supply price of the B district
A. Determination as to the cause of the claim (1) The plaintiff cultivated and sells landscaping trees, etc. under the trade name of "C", and the defendant is a stock company established for the purpose of construction and civil engineering, etc. (2) With respect to the construction of the Busan apartment site in which the defendant was under construction, the plaintiff supplied the defendant with landscaping trees equivalent to KRW 250,000 on December 27, 2012, and the amount of KRW 100,400 on December 31, 2012, and the amount of KRW 200,000 on the supply price to the plaintiff is not a dispute between the parties.
[Defendant admitted that he received landscaping trees equivalent to the above amount from the Plaintiff in the written reply dated October 8, 2014, but denied it in the briefs dated September 14, 2015, but evidence Nos. 11, 7, and 8 (including each number; hereinafter the same shall apply) (including each number);
(1) The Defendant is obligated to pay to the Plaintiff damages for delay calculated at each rate of 150,40,000 per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the following day to the day of full payment, which is the date of this decision, to the extent that the Defendant’s assertion as to the existence and scope of his/her obligation to pay to the Plaintiff the amount of paid to the Plaintiff (i.e., KRW 150,400,000, KRW 100,000 - KRW 200,000), and the amount of damages for delay calculated at the rate of 6% per annum as stipulated in the Commercial Act from January 6, 2015, which is the date of this decision, until September 2, 2016, and the date of full payment.
B. The defendant's assertion (1) asserts that the defendant who seized claims did not have the obligation to pay the price of supply to the plaintiff since Gwangju District Court attached the plaintiff's claims against the defendant.
According to the statements in evidence No. 1, Gwangju District Court Decision 47,493,020 won among the plaintiff's claims against the defendant against the defendant, the same year
2. The attachment of KRW 162,980,740, totaling KRW 115,487,740 (=47,493,020) was seized, and each of the above attachment notification reached the Defendant around that time.