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1. As to the Plaintiff KRW 25,630,00 and KRW 8,580,00 among them, the Defendant shall pay to the Plaintiff KRW 10,780,000 from October 11, 2015.
Reasons
1. Determination as to the cause of claim
A. 1) On March 27, 2013, the Defendant was awarded a contract for the construction of B in collaboration with Il Construction Co., Ltd., Ltd., Han River Construction Co., Ltd., Sejong Construction Co., Ltd., Ltd., and Dalim Construction Co., Ltd., through the Public Procurement Service. 2) Upon the Defendant’s request, the Plaintiff put the pumps into the construction site from August 31, 2015 to November 21, 2015.
3) The Plaintiff issued a tax invoice of KRW 25,630,000 out of the total purchase price of the pumps as KRW 7,800,000 on September 25, 2015, and KRW 9,800,000 on October 26, 2015, and KRW 5,700,000 on November 25, 2015.
5) The Plaintiff and the Defendant agreed to pay the price within 15 days after the issuance of the tax invoice. [The fact that there is no dispute over the grounds for recognition, Gap evidence 1 through 5, and Eul evidence 1]
B. According to the above facts finding, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff 25,630,000 won for pumps and 8,580,000 won for the amount of 10,780,000 won from October 11, 2015, 10,780,000 won from November 11, 2015, 6,270,000 won from November 26, 2015 to June 7, 2016, which is the delivery date of a copy of the complaint of this case, 5% per annum under the Civil Act, and damages for delay calculated by 15% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the following day to the day of full payment.
2. Judgment on the defendant's assertion
A. The Defendant’s assertion is that the Defendant was awarded a contract for the construction of B in collaboration with Il Construction Co., Ltd., Ltd., Ltd., Down Construction Co., Ltd., Ltd., Se River Construction Co., Ltd., and Clim Construction Co., Ltd. on March 27, 2013. Since the Defendant’s share ratio is 46%, the Defendant is obligated to pay only 46% out of the
B. The facts that the Defendant was jointly awarded a contract with Il Construction Co., Ltd., Ltd., Sown Construction Co., Ltd., Ltd., Domin River Construction Co., Ltd., and Clim Construction Co., Ltd., and that the Defendant’s share ratio is 46% is recognized by the statement of evidence No.