1. The Defendant’s KRW 174,452,225 as well as the Plaintiff’s KRW 6% per annum from October 21, 2016 to February 17, 2017.

1. Facts of recognition;

A. On April 2012, the Plaintiff entered into a contract with the Defendant on the supply of ready-mixeds to the Defendant to the Defendant at the outside military site of the Si of Kunsan-si.

(hereinafter “instant contract”). (b)

The Plaintiff supplied ready-mixed equivalent to KRW 487,085,665 to the Defendant from May 31, 2012 to June 30, 2015 under the instant contract.

C. Meanwhile, from January 201, the Plaintiff supplied ready-mixed to the Defendant from around January 201, and the Plaintiff supplied ready-mixed to the Defendant from around January 201 to June 2015, including ready-mixed as stated in the preceding paragraph, is equivalent to KRW 1,764,631,340.

On October 12, 2016, the Plaintiff sent to the Defendant a certificate of content that “The Plaintiff would pay KRW 174,452,225 to the Defendant for the attempted container by October 20, 2016.”

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 5 (including each number), the purport of the whole pleadings

2. Determination

A. According to the above facts finding as to the cause of the claim, the Defendant is obligated to pay the Plaintiff the unpaid amount of KRW 174,452,225 out of the unpaid amount of ready-mixed except the amount that the Plaintiff was paid to the Plaintiff, and the damages for delay calculated at the rate of 6% per annum under the Commercial Act from October 21, 2016 to February 17, 2017, which is the service date of a duplicate of the complaint of this case, and 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment.

B. The defendant's assertion 1) The defendant asserts that since the plaintiff directly received ready-mixed costs under the contract of this case from the owner of the new construction of the A business facilities at the time of military production or the remaining ready-mixed costs which remain after being paid by the defendant are KRW 121,751,030, the plaintiff paid additional KRW 52,701,195 (= KRW 174,452,225 - KRW 121,751,030) in addition to the ready-mixed costs that the plaintiff is paid to the plaintiff, it shall be deducted.