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1. The Defendant: (a) KRW 30,462,350 for the Plaintiff and KRW 6% per annum from May 16, 2015 to March 13, 2017; and (b) for the Plaintiff.
Reasons
1. The key issue is that the plaintiff sought the payment of unpaid goods in return for the supply of goods, such as others, to the defendant, while the defendant asserts that the plaintiff only provided goods to C, and that there was no provision of goods to the defendant.
In other words, the key issue of this case is whether the other party who provided the goods is the defendant or not.
2. Determination
A. As between October 16, 2014 and May 15, 2015, the Plaintiff supplied the Defendant, who is the contractor of the Donpo-si D hotel Construction Work, with building materials equivalent to KRW 58,462,350, including other days, via the head of the Defendant’s field office E. 2) The Plaintiff supplied the Defendant, who is the contractor of the Donpo-si D hotel Construction Work, with building materials equivalent to KRW 58,462,350.
9.2. The sum of KRW 28,000,000,000 in total was paid as part of the price for the other day;
3) As of March 7, 2017, F, as of March 7, 2017, issued a signature to verify that the Plaintiff’s assertion that the price for other days that the Plaintiff was not paid by the Defendant was KRW 30,462,350 to the upper part of the statement that the Plaintiff prepared and signed, and the Plaintiff filed the instant lawsuit at the time of submitting the statement containing the above signature on the same day as Gap’s certificate No. 1. [Grounds for Recognition] without dispute, the Plaintiff did not dispute, as well, the each entry in Gap’s evidence Nos. 1 through 4 (including additional numbers), Eul’s evidence No. 9, part of Eul’s evidence No. 11, witness G, and F’s testimony, and the entire purport of the pleadings (part of entry and testimony contrary to the fact-finding).
A person shall be appointed.
B. According to the above facts of determination, the Defendant is obligated to pay late payment damages calculated by the ratio of 30,462,350 won for unpaid materials and 15% per annum under the Commercial Act from May 16, 2015 to March 13, 2017, which was served by the instant complaint from May 16, 2015 to the date following the date on which the Plaintiff supplied the goods, as requested by the Plaintiff.
3. If so, the plaintiff's claim of this case is presented.