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1. The Defendant shall pay to the Plaintiff KRW 96,256,417 and the interest rate of KRW 15% per annum from November 11, 2017 to the date of full payment.
Reasons
1. In full view of the purport of the entire arguments in the evidence No. 1 and No. 6 regarding the cause of the claim, the Plaintiff, a company engaged in the wholesale and retail business of stone, supplied stone to the Defendant from March 2016 to November 201 of the same year, and the Defendant had unpaid KRW 96,256,417 out of the above price of stone.
According to the above facts, barring any special circumstance, the defendant is obligated to pay to the plaintiff 96,256,417 won of stone price and damages for delay calculated at the rate of 15% per annum from November 11, 2017 to the day of full payment as requested by the plaintiff, which is the day following the day when the duplicate of the complaint in this case reaches the defendant.
2. Judgment on the defendant's defense
A. The Defendant’s assertion is a construction company that mainly engages in the construction and sale of buildings, such as multi-household houses, and purchased building stones from the Plaintiff for a period of 20 years through C, referring to a contract for a stone finishing construction on the outer wall of a new building.
However, in October 2016, the plaintiff's claim should be dismissed in consideration of the unjust enrichment that the plaintiff acquired from the construction site human resources and the building price purchased by the defendant was 18.7% higher than the ordinary price.
B. 1) First, we find it difficult to believe that the Plaintiff’s stone was supplied at a lower price than 18.7% of the ordinary price, and the Plaintiff’s stone was merely a price list prepared by the Defendant, and the testimony of the witness C is insufficient to recognize it. The Defendant’s assertion is without merit. 2) Even if the Plaintiff’s stone is higher than the stones of the other company, as alleged by the Defendant, even if it is more than the stones of the other company, the determination of the price of the goods is, in principle, an act between private persons subject to the principle of freedom of contract, and the same kind of contract is identical to that of private autonomy.