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1. The Defendant shall pay to the Plaintiff KRW 26,680,510 and the interest rate of KRW 15% per annum from November 10, 2016 to the date of full payment.
Reasons
1. Determination on the cause of the claim
A. (1) The Plaintiff supplied the Defendant with all equipment and materials equivalent to KRW 57,380,510 (including value-added tax) from August 2015 to March 2016.
(2) From September 10, 2015 to August 23, 2016, the Defendant repaid KRW 307 million out of the price of the goods.
[Ground of recognition] Unsatisfy, Gap evidence 1, 2, Eul evidence 1 (including paper numbers), the purport of the whole pleadings
B. According to the above facts of recognition, the Defendant is obligated to pay to the Plaintiff the amount of KRW 26,680,510 (i.e., KRW 57,380,510 - KRW 30,770), and damages for delay calculated at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from November 10, 2016 to the date of full payment, except in extenuating circumstances.
2. The Defendant’s argument as to the Defendant’s assertion argues that the Defendant’s obligation against the Plaintiff is no longer nonexistent since the Plaintiff paid KRW 27,50,000 to the Plaintiff on March 17, 2016, on the ground that the Plaintiff paid KRW 27,550,000 to the Plaintiff for the payment of the unpaid goods payment obligation to the Plaintiff pursuant to the “New Construction Contract for the Welfare Hall-New Construction” concluded with the Plaintiff (hereinafter “Pap Construction”).
According to the evidence No. 2, the Plaintiff was recognized to have received KRW 27,50,00 from the leap Construction on March 17, 2016. Meanwhile, considering the overall purport of the pleadings in the statement No. 3 through No. 7, the Defendant B, while carrying out other construction works unrelated to the instant case, bears the obligation to the subcontractor in the Plaintiff’s name; B, at the time the leap Construction pays the Plaintiff KRW 27,50,000,00 to the leap Construction; B, from the leap Construction, borrowed KRW 27,50,000 from the leap Construction.