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1. The Defendant shall pay to the Plaintiff KRW 72,203,280 and interest rate of KRW 15% per annum from February 13, 2018 to the date of complete payment.
Reasons
1. Facts of recognition;
A. On June 22, 2017, the Plaintiff entered into a contract with E (hereinafter referred to as “E”) to supply ready-mixeds at the “F construction site in the Kujin-gu Seoul Special Metropolitan City” (hereinafter referred to as “instant construction site”) during the construction project. From June 24, 2017 to September 13, 2017, the Plaintiff supplied ready-mixeds worth KRW 58,708,320 in total at the instant construction site at the instant construction site.
B. Subsequent to the waiver of the instant construction, the Plaintiff received KRW 26,745,840 from the Defendant who acquired the instant construction on September 13, 2017, and, at the same time, received KRW 31,962,480 of the remainder of the price of the goods (i.e., KRW 58,708,320 - 26,745,840) from the Defendant who received the instant construction from the Defendant who received the instant construction, and received a request to continue to supply ready-mixed at the construction site of the instant case.
C. Accordingly, on September 20, 2017, the Plaintiff consented to the Defendant’s proposal, entered into a contract for the supply of goods on the supply of ready-mixeds with the Defendant at the instant construction site, and supplied ready-mixeds worth KRW 40,510,800 at the instant construction site from September 21, 2017 to October 24, 2017.
【Facts without dispute over the grounds for recognition, Gap’s evidence 1 through 3, Gap’s evidence 5 and 6, the purport of the whole pleadings
2. According to the above facts of determination, the defendant is obligated to pay to the plaintiff the total amount of KRW 72,473,280 (=31,962,480 won 40,510,800) which the plaintiff seeks as the lawsuit in this case, and the delay damages calculated at the rate of 15% per annum from February 13, 2018 to the date of full payment, as the plaintiff seeks, from February 13, 2018 to the date of delivery of the original copy of the payment order in this case.
3. In conclusion, the plaintiff's claim is justified and it is so decided as per Disposition.