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1. Defendant A Co., Ltd. shall pay to the Plaintiff KRW 612,079,244 and its amount from January 1, 2013 to September 24, 2015.
Reasons
1. Basic facts
A. The Plaintiff is a company aimed at manufacturing steel structures, metal containers, pressure containers, etc., and Defendant A Co., Ltd. (hereinafter “Defendant A”) is a company aimed at manufacturing and wholesale metal plates, wholesale and retail business, and new and renewable energy business. Defendant B Co., Ltd. (hereinafter “Defendant B”) is a company established on July 22, 2011 for the purpose of new and renewable energy business, etc.
B. By December 31, 2012, the Plaintiff and Defendant A supplied steel products, such as steel pipes, to Defendant A by December 31, 2012, and supplied goods, such as offset coaches, to the Plaintiff, the transactional relationship has continued by offsetting the claim for the price of goods between the Plaintiff and paying the balance.
C. As of December 31, 2012, the price for the goods that Defendant A shall pay to the Plaintiff on the basis of the transaction relationship between the Plaintiff and the Defendant A is KRW 612,079,244.
Defendant A was suspended from check account transactions on August 2012 due to a default on payment and discontinued on April 1, 2013.
[Ground for Recognition] Defendant A: Confession (Article 150(3) and (1) of the Civil Procedure Act); Defendant B: The absence of dispute; entries in Gap evidence Nos. 1 through 5 (including each number; hereinafter the same shall apply); the purport of the whole pleadings
2. According to the facts of the determination as to the claim against Defendant A, according to the facts of the recognition as above, 612,079,244 won of the goods price and 20% of the annual interest rate prescribed by the Commercial Act from January 1, 2013 to September 24, 2015, which is the date of delivery of a copy of the complaint by the Plaintiff and the Defendant A from January 1, 2013 to September 24, 2015, the following day to September 30, 2015; Article 3(1) main text of Article 3(2) of the Addenda to the Regulations on Special Cases Concerning Expedition, etc. of Legal Proceedings; Article 3(1) of the former Act on Special Cases Concerning Expedition, etc. of Legal Proceedings (amended by Presidential Decree No. 26553, Sep. 25, 2015); Article 3(1) main text of the same Act and Article 3(1)3(1) of the same Act.