1. The Defendant’s KRW 35,823,403 as well as 6% per annum from April 10, 2019 to September 19, 2019 to the Plaintiff.

Basic Facts

The plaintiff is a company aimed at manufacturing metal assembly materials, etc., and the defendant is a person who conducts steel structure manufacturing business with the trade name of D.

On November 2016, the Plaintiff and the Defendant concluded a contract for the steel-generating supply works (hereinafter “instant construction works”) with respect to the production works of 1 and 2 steel-power plants contracted by the Defendant E from E.

(hereinafter “instant contract”). From July 2017, the Plaintiff included a total of 5,631 tons (i.e., part 3,550 tons (part 3,550 tons) and completed the said steel production work.

[Ground of recognition] A. 2 and 12 (including a provisional number; hereinafter the same shall apply)'s assertion of the parties to the determination as to the ground of claim as to the whole of pleadings and the facts of lack of dispute, the plaintiff was awarded a contract with the defendant for the construction of this case, and the plaintiff was engaged in the construction of this case.

Nevertheless, the defendant has the obligation to pay to the plaintiff only KRW 909,401,130 [2,00 for indirect expenses of KRW 109,08,00 for KRW 150,00 for indirect expenses of KRW 109,00 for KRW 127,01,70 for mutual aid] x 1.1 for value-added tax x 708,922,034 for the total construction cost of KRW 200,479,096 for the plaintiff (=909,401,130 - KRW 708,92,034) and delay damages.

Even if the Defendant agreed to the extent of KRW 120,00 per ton as the Defendant’s assertion, the Defendant recognized the unit price of KRW 129,247 in relation to the part 3, as so, the Defendant is obliged to pay the Plaintiff KRW 74,745,437 [2,50 tons x 129,000 (2,081 tons x 129,247), indirect cost of KRW 109,080 - deductible amount of KRW 127,01,700] x 1.1 (value-added tax); and (22,034 won below; hereinafter the same shall apply]; and thus, the Defendant is obliged to pay the difference of KRW 35,823,403 and delay damages.

When concluding the instant contract with the Defendant, the Defendant set the unit price per ton as KRW 1.20,000.

Therefore, ton.