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1. The defendant shall pay 48,825,880 won to the plaintiff and 12% per annum from April 30, 2019 to the day of complete payment.
Reasons
1. The parties' assertion
A. The Plaintiff supplied ready-mixed to the Defendant at the Defendant’s construction site from January 6, 2018 to February 12, 2019, but failed to receive KRW 48,825,880 among them.
B. Since Defendant E Co. entered into a contract for the supply of ready-mixed with the Plaintiff at the site of construction conducted by Defendant E Co., Ltd. subcontracted from Defendant, the Defendant is not obligated
2. Comprehensively taking account of the respective descriptions and arguments in Gap evidence Nos. 1 and 4, the fact that the orderer and joint guarantor E Co., Ltd. (hereinafter referred to as "E") are indicated in the order sheet for ready-mixed written on March 6, 2018 and the defendant’s seal impression is affixed to the orderer and the plaintiff’s tax invoice was issued in relation to the supply of ready-mixed by the defendant, and that the plaintiff requested the defendant to pay the unpaid amount of KRW 48,825,880 on April 4, 2019, but the defendant did not respond to the demand, but the fact that the defendant did not respond to the demand, and the fact that the depositor of the price for ready-mixed goods paid to the plaintiff on May 4, 2018, is identified as the defendant.
In light of the above facts and the fact that the Defendant voluntarily submitted a written reply to the purport that E was delegated by the Defendant, and that E appears to have ordered the Plaintiff as the Defendant’s authorized person, and the Defendant did not dispute the Plaintiff’s claim amount and did not appear at all on the mediation date or the date of pleading, it is reasonable to deem that the party who entered into a contract with the Plaintiff for goods supply is the Defendant.
Therefore, the defendant is obligated to pay to the plaintiff 48,825,880 won for the unpaid goods and damages for delay calculated at the rate of 12% per annum as claimed by the plaintiff from April 30, 2019 to the day of full payment, which is the day following the delivery of the complaint.
3. In conclusion, the plaintiff's claim of this case is accepted as reasonable.