beta
Text
1. As to KRW 244,357,198 among the Plaintiff and KRW 17,986,162 among them, the Defendant shall pay to the Plaintiff KRW 17,201,53.
Reasons
Facts of recognition
A. On July 31, 2013, the Plaintiff entered into a contract with the Defendant to supply explosives at the sites of civil engineering works in the segment of nuclear works between nuclear power plant (2-1 Section) between nuclear power plant and nuclear power plant (hereinafter “instant first contract”) and to pay them by the end of the month following the date on which the Plaintiff’s claim was made (hereinafter “instant first contract”).
Under the instant contract No. 1, the Plaintiff claimed the amount of KRW 150,073,632 on June 30, 2016, KRW 41,418,250 on July 31, 2016, and KRW 17,67,601 on August 16, 2016, and the Defendant did not pay the amount.
B. On July 2015, the Plaintiff entered into a contract between the Defendant and the Defendant under which the Plaintiff would supply explosives at the sites of civil engineering works in the Section 60 of the Motorway Hongcheon-yang Construction Works (five sections) on the national expressway No. 60, and upon the end of each month, the Defendant would pay the goods by the end of the month following the filing date (hereinafter “instant contract No. 2”).
Under the instant contract No. 2, the Plaintiff claimed the Defendant for the payment of KRW 11,729,362 on July 31, 2015, and KRW 17,201,553 on August 31, 2015, and the Defendant paid only KRW 11,729,200 on February 5, 2016.
[Grounds for recognition] Article 208 (3) 1 of the Civil Procedure Act (Judgment without a pleading)
A. Therefore, with respect to the Defendant’s total amount of goods unpaid to the Plaintiff (244,357,198 won + 150,073,632 won + 17,677,601 won + 29,715,362 won + 17,201,53 won + 11,729,200 won + 17,986,162 won (29,715,362 - 11,729,200 won) among them, and with respect to the amount of goods unpaid to the Plaintiff, 17,986,162 won (29,715,729,200 won) calculated annually from the date following the end of the month following the date on which the Plaintiff requested the payment of the goods to the Plaintiff until the date following the date on which the Plaintiff requested the payment of the goods reaches 15% of the annual amount of 16,2015.