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1. The Defendant: KRW 43,977,109 for the Plaintiff and KRW 20% per annum from March 19, 2014 to September 30, 2015.
Reasons
1. Facts of recognition;
A. On July 31, 2013, the Defendant subcontracted the steel-frame production installation works to EP Co., Ltd. (hereinafter “ESC”) on the price of KRW 72,270,00 (including value-added tax) among the construction works for the new construction of a factory on the surface of 84 and 15 parcels, Ulsan-gu, Nowon-gu, Ulsan-gu, and agreed to directly purchase and provide materials necessary for the production of steel-frames.
B. On July 31, 2013, at the Defendant’s request, the Plaintiff received KRW 90,235,193 from the Defendant, and supplied steel products worth KRW 200,213,302 in total from August 6, 2013 to August 15, 2013, at the request of the Defendant, to Gosung-si, Gosung-gun, Gosung-gun, a site for the production of steel scrap in est C.
C. On September 30, 2013, the Defendant paid the Plaintiff KRW 66,00,000 for steel products.
[Ground of recognition] Evidence Nos. 1 through 9, Evidence Nos. 1 and 4 (including paper numbers; hereinafter the same shall apply)
2. Determination
A. In light of the following circumstances acknowledged based on the aforementioned facts found in the determination as to the cause of the claim, it is reasonable to view that the Defendant, as a party to a steel supply contract, is liable to pay the price for steel products to the Plaintiff.
① On July 31, 2013, the Defendant agreed to directly purchase and provide E.S. materials to E.C., and on the same day, issued electronic tax invoices from the Plaintiff, and paid KRW 90,236,193 to the Plaintiff.
② On July 31, 2013, and August 31, 2013, the Plaintiff issued each electronic tax invoice stating the Defendant as “the recipient” to the Defendant.
③ On October 21, 2013, the Defendant, upon receipt of the tax invoice issued by the Plaintiff on August 31, 2013, revealed that the Plaintiff entered into a contract with E.S. for steel construction with E.C. on October 21, 2013, and agreed to pay directly the amount equivalent to the material cost of KRW 24,300,000,000,000. The amount of the tax invoice is more than the materials supplied.