beta
Text
1. The Defendant shall pay to the Plaintiff KRW 21,417,660 as well as 20% per annum from June 14, 2013 to the day of complete payment.
Reasons
1. Determination as to the cause of claim
A. (1) The Plaintiff was requested on May 2012 to supply ready-mixeds, as required at the first construction site, to the extent that the Daegu-gu Seoul Metropolitan City Implementing Group, designated the name and the amount of supply with respect to ready-mixeds as required at the first construction site, and supplied ready-mixeds upon the said request at the construction site.
(2) On May 11, 2012, the Plaintiff received a request from the Defendant for supply of exposed concrete (name A No. 20-24-150 of the size of evidence No. 1) that does not correspond to the items that the Defendant had been awarded a contract with the Defendant for the said primary construction, and the amount of supply exceeding the amount of supply designated by the achieved Gun. At the Defendant’s request, the Plaintiff supplied ready-mixeds worth KRW 21,417,660 in total from around that time to September 26, 2012 (hereinafter “the instant ready-mixed”).
[Reasons for Recognition] Facts without dispute, Gap 1, 2 evidence, Eul 1 to 3 evidence (including additional numbers), the purport of the whole pleadings
B. According to the above facts of recognition, a supply agreement between the Plaintiff and the Defendant regarding the instant ready-mixed was concluded, and the Plaintiff supplied the instant ready-mixed to the above construction site in accordance with the above agreement. As such, the Defendant is obligated to pay to the Plaintiff the amount of KRW 21,417,60, and damages for delay calculated at the rate of 20% per annum from June 14, 2013 to the date of complete payment, as the Plaintiff seeks.
2. The defendant's assertion was awarded a contract for the above primary construction from the achievement group and agreed to supply all necessary ready-mixeds, etc. to the achievement group. Thus, the defendant cannot respond to the plaintiff's claim. However, the defendant's agreement for the supply of ready-mixeds in this case is concluded.