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1. Defendant B’s KRW 99,102,50 and the Plaintiff’s annual rate of KRW 5% from December 20, 2013 to June 19, 2014.
Reasons
1. As to the claim against the defendant B
A. A. Around March 17, 2011, the Plaintiff entered into a ready-mixed supply contract with Defendant B and began to supply ready-mixeds. (2) The Plaintiff supplied ready-mixeds equivalent to KRW 342,602,50 to Defendant B by March 29, 2013.
[Defendant's side is disputing the amount of the supply price, but the supply site of ready-mixed as asserted by the Plaintiff on the part of the Defendant is recognized (Evidence A4), and the specific statement (Evidence A8) concerning the supply price on the Plaintiff's side is also prepared on the part of the Plaintiff's side. The above supply price can be acknowledged in light of the following facts: (i) there is no dispute; (ii) evidence A1; (iii) evidence A3 through 5; and (iv) evidence A3 through 8; (iii) the testimony of the witness D; and (iv) the purport of the entire pleadings.
B. Of the Plaintiff’s selective claims, the claim for KRW 99,102,50 and its delay damages should be examined first.
1) The Plaintiff paid only KRW 243,50,00 among the above supply price of KRW 342,602,50,000, and sought the payment of the remainder of the supply price of KRW 99,102,50. According to the above facts acknowledged, the Defendant is obligated to pay the unpaid price of KRW 99,102,50 as claimed by the Plaintiff, and its delay damages. (ii) The Defendant paid the full amount of the price of the goods accrued until December 27, 2012 by paying KRW 6 million to D, who is the Plaintiff’s business employee, around January 2, 2013, and the price of the goods accrued thereafter, was paid in full by paying KRW 5 million directly to the Plaintiff around February 28, 2013.
As shown in the Defendant’s argument that the full payment of the price for the goods to be returned is consistent with No. 7-6 of the evidence No. 7 (the same shall apply to the list of payments and the evidence No. 2-2). It is merely stated that “the full payment of the price for the goods to be returned in cash on December 31, 190,” and it does not include any specific amount of the supply amount and the amount of the goods to be returned to the Plaintiff’s business members.