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1. The Defendant shall pay to the Plaintiff KRW 87,589,990 and the interest rate of KRW 15% per annum from April 21, 2018 to the day of complete payment.
Reasons
1. Facts of recognition;
A. On October 2015, the Plaintiff entered into a ready-mixed supply contract with B Co., Ltd., and at the time, the Defendant jointly and severally guaranteed the obligation to the Plaintiff.
B. From October 29, 2015 to June 21, 2016, the Plaintiff supplied ready-mixed equivalent to KRW 127,589,990 in total, and up to now, the price for ready-mixed that the Plaintiff failed to pay to the Plaintiff is KRW 87,589,990.
[Ground of recognition] Facts without dispute, Gap evidence No. 1 (the defendant's name of the defendant in the above order and there is no dispute over the subsequent stamp image, and thus the authenticity of the entire document is presumed to have been established. The defendant alleged to the effect that the document was forged because it was not signed and sealed on the above order, but there is no evidence to acknowledge it), Gap evidence No. 2 and the purport of whole pleadings
2. According to the above facts of recognition as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff KRW 87,589,990 and damages for delay calculated at the rate of 15% per annum from April 21, 2018 to the day of complete payment, as claimed by the Plaintiff, on the day following the delivery date of the original copy of the instant payment order, as claimed by the Plaintiff.
3. Judgment on the defendant's assertion
A. As to the assertion of repayment, the defendant alleged that he paid part of the amount of KRW 30 million to C, who is the person in charge of the plaintiff, but it is not sufficient to recognize the statement of KRW 2 by itself, and there is no other evidence to acknowledge it.
In addition, the defendant alleged that D, a person in charge of the defendant, paid part of the amount of KRW 70 million to the plaintiff, but the evidence submitted by the defendant alone is insufficient to recognize it, and there is no other evidence to acknowledge it.
The above argument of the defendant is without merit.
B. As to the assertion on payment in kind, the Defendant: (a) paid in kind the Plaintiff the registration of ownership transfer on May 16, 2017 with regard to building 702, Nam-gu E-gu, Nam-gu, which was owned by the Defendant.