1. The Defendant calculated the Plaintiff at the rate of 126,229 won and the annual rate of 6% per annum from March 19, 2016 to the date of complete payment.

1. Basic facts

A. The Plaintiff is a corporation with the purpose of manufacturing, selling, exporting, and importing, etc. asphalt plant facilities, and the Defendant is a corporation with the purpose of manufacturing, selling, exporting, and importing ready-mixeds, asphalt containers, and wholesale and retailing.

나. 원고는 2015. 3. 6. 피고에게 재생아스콘 플랜트(탑-바켓 형식, 모델명 DW-90, 용량 90Ton/Hr) 1식과 집진기용 배풍기 및 빽 휠타를 제작ㆍ납품하여 대구 달성군 하빈면 묘동길 199에 설치하는 내용의 제작물공급계약(이하 ‘이 사건 계약’이라 한다)을 체결하면서, 공사금액은 5억 원(부가가치세 별도)으로 하되, 선급금 5,000만 원(부가가치세 별도)은 계약 시, 중도금 2억 원(부가가치세 별도)은 기계 현장 도착 시, 잔금 2억 5,000만 원(부가가치세 별도)은 기계 시운전 완료 시로부터 각 30일 이내에 현금으로 지급받기로 약정하였다.

C. Accordingly, the Plaintiff installed the renewable plant structure at a place promised to manufacture it, and the Defendant paid to the Plaintiff an advance payment of KRW 55 million, including value-added tax, and an intermediate payment of KRW 220 million.

【Fact- without dispute over the ground for recognition, Gap evidence 1, 2-1 and 2-2, or the purport of the whole pleadings

2. Determination

A. Determination 1 on the remainder claim under the instant contract 1) The Plaintiff’s summary of the Plaintiff’s assertion is that the Plaintiff is obliged to pay the Plaintiff the remainder amount of KRW 275 million under the instant contract (including value-added tax) and delay damages from November 14, 2015, which is the following day after the completion date of the non-working process, on November 13, 2015, for the remainder payment period under the instant contract. 2) The Plaintiff and the Defendant provided that “within 30 days from the completion date of the non-working process of the mechanical operation” for the remainder payment period under the instant contract is recognized as above.