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The defendant shall calculate 70,859,700 won to the plaintiff and 12% per annum from July 16, 2019 to the day of full payment.
Reasons
Basic Facts
The Defendant was awarded a subcontract from C Co., Ltd. for D Construction Work contracted by the Korea Railroad Facilities Corporation (hereinafter referred to as “instant Construction Work”).
On October 3, 2019, the Defendant entered into a lease agreement between F and F that operates E on October 3, 2019, setting the amount of use as KRW 2,00,000 per month on one of the equipment for drilling the ground (hereinafter referred to as “the equipment of this case”), which is an equipment for drilling the ground during the instant construction.
1) On October 2, 2018, the Plaintiff produced and supplied the Defendant with “Clamp Assy” and “Retling” work unit 1 sets necessary for the operation of the instant equipment. On October 2, 2018, the Plaintiff repaired the position of “Drumpe Sttilr.”
The Plaintiff claimed the price for the supply of the goods in accordance with the form, such as the Defendant’s electronic tax invoice, specification of transaction, confirmation of transaction, and joint and several undertakings, and received the price for the goods from the Defendant around December 2018.
2) On November 2, 2018, the Plaintiff supplied the Defendant an amount equivalent to KRW 2,972,00, such as Hamb’s active fin, etc., to KRW 1,347,50 on November 19, 201. On November 21, 2011, the Plaintiff supplied KRW 65,550,00, including “Clamp Roy” (hereinafter referred to as “instant goods”). On November 22, 2018, the Plaintiff issued a tax invoice consisting of the supply value and the total tax amount of KRW 70,869,70 on the said goods to the Defendant.
[Ground of recognition] The facts without dispute, Gap evidence Nos. 1 through 9, Eul evidence No. 1-2, Eul evidence No. 1-2, Eul evidence No. 2-1 and No. 2-3, and the purport of the whole pleadings, but the plaintiff alleged that the plaintiff asserted in the whole pleadings supplied the goods of this case to the defendant at the defendant's request, so the defendant must pay the price for the goods of this case to the plaintiff.
The defendant's assertion includes technology, expendable goods, etc. for the operation of the instant equipment from F.