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1. The Defendant shall pay to the Plaintiff 36,607,700 won with 15% interest per annum from March 10, 2016 to the day of full payment.
Reasons
1. In full view of evidence Nos. 1, 2, 3, and 4 as a whole, the Plaintiff is found to have completed the manufacture of the equipment that was ordered by the Defendant for the first half of 2015, but did not pay the amount equivalent to the claim amount out of total of KRW 74,107,70, barring any special circumstance. Thus, the Defendant shall pay this amount, barring any special circumstance.
2. The defendant asserts that some of the equipment is not delivered to the defendant factory although the plaintiff had to deliver it to the defendant factory. However, according to Gap evidence 3 (the defendant's business document sent to the plaintiff, and the defendant's evidence Nos. 3 and 4, which the defendant acknowledged as the defendant, requested the plaintiff to prepare to show to the third party, and the contents stated therein are invalid as a false declaration of agreement, but there is no evidence to acknowledge the circumstances of the defendant's assertion, it is not the plaintiff's delivery, but the defendant agreed to visit the plaintiff's factory to take over the plaintiff's factory. Thus, the defendant's dispute is without merit since it is recognized that the defendant delayed the acceptance.
Meanwhile, on April 15, 2016, the Defendant filed an application for commencing rehabilitation procedures with Suwon District Court 2016 Ma10015 case and issued a comprehensive prohibition order pursuant to Article 45(1) of the Debtor Rehabilitation and Bankruptcy Act. In light of the above, the Defendant’s order of this case’s suspension of litigation procedures is not prohibited, and thus, there is no obstacle to sentencing a judgment.
3. The claim for conclusion is reasonable.