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1. Revocation of a judgment of the first instance;
2. The Defendant shall pay to the Plaintiff KRW 7,561,985 as well as its full payment from May 3, 2018.
Reasons
1. The gist of the Plaintiff’s assertion is that the Defendant supplied the Defendant with heating system materials for at least 20 years, but the Defendant did not pay KRW 7,651,985 for the base materials at the end of 2015.
Therefore, the defendant should pay to the plaintiff the material price of KRW 7,651,985 and delay damages.
2. Determination C is recognized that there was no dispute between the parties as to the fact that there was a transaction in supplying heating land materials for a period of 20 years to the Defendant, who was a heating facility material company in the name of the Plaintiff, the Dong book, and that the Defendant did not pay KRW 7,651,965, which was provided from “D” around the end of 2015, and that C continuously urged the Defendant to pay the price for the materials that was paid from “D” from January 2016 to the end of 2017. Thus, the Defendant is obligated to pay damages for delay calculated at a rate of 15% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from May 3, 2018 to the day following the day of complete payment of the copy of the complaint of this case.
3. Conclusion, the plaintiff's claim should be accepted as reasonable.
The judgment of the first instance court is unfair with different conclusions, so it is so decided as per Disposition by accepting the plaintiff's appeal.