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1. The Defendant’s KRW 47,450,00 for the Plaintiff and KRW 6% per annum from May 2, 2014 to February 10, 2015.
Reasons
1. Facts of recognition;
A. The plaintiff is a person who is engaged in the manufacturing business of metal machinery in Busan Seo-gu C, and the defendant is a person who is engaged in the manufacturing machine business with the trade name called E in Gyeonggi-do sub-si D.
B. On June 12, 201, the Defendant entered into a contract with the Defendant for a construction project that intends to contract the construction cost of the non-party company’s factory facilities at KRW 2.36,706,00 (including value-added tax) with the non-party company’s factory facilities, such as B & ethyl, Mutual Aid, and L, located in the non-party company’s factory. The Defendant was proceeding with the construction of the non-party company’s factory facilities through various subcontractors, such as F, G, and H, and thereafter the non-party company has been financed at a new bank’s branch through the guarantee of the Gyeonggi Credit Guarantee Foundation and Small & Medium Business Corporation.
C. On April 25, 2012, the Defendant and the non-party company decided to manufacture and supply the 131,450,000 won (including value-added tax) of the above company’s factory facilities to the non-party company. The Defendant delegated the right to settle the price of the instant machinery executed by our bank from the non-party company to the non-party company, and paid the Plaintiff the price immediately after the payment is settled from our bank. The Defendant agreed to assume all the responsibility of the Defendant in the event of a fund-related issue after the payment was executed by the bank to the Defendant.
From May 10, 2012 to July 23, 2012, Nonparty Company: (a) granted a loan of KRW 798,500,000 from our bank; (b) KRW 137,000,000; (c) KRW 400,000; and (d) KRW 250,000 to the Defendant.
The payment was made as the construction cost stated in the subsection.
E. The Plaintiff completed the installation of the instant machine, and received KRW 84 million from the Defendant as the instant machine price and issued a tax invoice.
F. The Plaintiff shall pay the balance of the instant machinery cost.