beta
Text
1. The Defendant’s KRW 25,261,445 as well as the Plaintiff’s annual rate of KRW 6% from July 14, 2016 to September 4, 2018.
Reasons
1. The Plaintiff’s assertion that the Plaintiff supplied the steel bars to D Co., Ltd., and the price is to be paid as of the end of each month, and the damages for delay calculated at the rate of 20% per annum. The Defendant guaranteed the payment of the said steel bars within the scope of KRW 49,648,962.
The Plaintiff supplied steel bars equivalent to KRW 25,261,445 in total, and KRW 10,914,475 in February 1, 2014, and KRW 25,261,475 in total, and KRW 11,807,130 in late payment damages from January 1, 2014 to May 3, 2016, and KRW 4,748,554 in late payment damages from March 1, 2014 to May 3, 2016 plus KRW 52,731,594 in total, and KRW 4,648,962 in excess of the above amount of payment guarantee and delayed payment damages from January 1, 2014 to May 31, 2016.
2. Determination
A. In light of the facts without dispute, Gap evidence Nos. 1 through 5, witness C and E’s testimony, the defendant entered into a construction contract with D Co., Ltd. on August 29, 2013 for the construction of the three underground floors and the 14th floor above the ground level on the land surface (hereinafter “instant construction site”), and D Co., Ltd requested the plaintiff to supply steel bars to the construction site of this case on December 2013, 2013. The plaintiff demanded the defendant’s payment guarantee as the owner of the construction, and received payment guarantee against the KRW 27,648,962, the delivery date of KRW 22,00,000 on December 29, 2013; and the plaintiff received payment guarantee against the total amount of KRW 3,00,000,000 from the defendant on December 13, 2013; the size of H Co., Ltd. 13, 2013; and
6. H25 22,418km, a total of 17,508,458 won, and the same month;
7. It is recognized that the steel bars of H25 ton, H22 ton, 2,353,153 ton, total of KRW 25,261,445 ton were supplied.
Therefore, the Defendant’s total amount of the said steel bars KRW 25,261,445 (= KRW 5,39,834,17,508,458 KRW 2,353,153) and its related thereto.