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1. The Defendant shall pay to the Plaintiff KRW 75,716,480 as well as 15% per annum from September 1, 2015 to the date of full payment.
Reasons
1. Basic facts
A. On December 12, 2014, A, on behalf of the Defendant, concluded a sales contract with the Defendant on behalf of December 12, 2014, to dismantle facilities, etc. located in a 30 tons steel plant within the 760 tons of YKSA (hereinafter “instant plant”) as the luxdo of Busan, and to purchase them at KRW 1.2 billion (value-added tax separate), and to complete the decommissioning and shipment of the said facilities, etc. by March 31, 2015.
B. (1) On behalf of the Defendant, A entered into a sales contract with B on December 15, 2014 to sell non-ferrouss and scrap metal (hereinafter “instant scrap metal, etc.”) generated from the removal of the factory facilities of this case to C for KRW 500 million. On the same day, C entered into a sales contract with C to sell the instant scrap metal, etc. to the said company for KRW 500 million.
(2) On January 22, 2015, C prepared a written confirmation of business change with the purport that C shall pay KRW 400 million deposited to A in accordance with the above sales contract between A and the Korea ethylex, in the sales profit of the instant factory electricity, and that A shall not raise any objection even if it traded the instant scrap metal, etc. to another company.
(3) On September 23, 2015, A revised the sales contract of the instant scrap metal, etc. with C as an investment due to the delay in dismantling the factory facilities of the instant case to C and D, and drafted a letter of payment with the effect that, until October 30, 2015, A would pay KRW 700,000,000,000 to C and D.
C. On January 22, 2015, A concluded a sales contract with the Plaintiff to sell the instant scrap metal, etc. on behalf of the Defendant (hereinafter “instant sales contract”) on behalf of the Defendant, and the main contents thereof are as follows.
On the other hand, on January 22, 2015, the Plaintiff remitted total of KRW 440 million to the Defendant of the instant purchase price and value-added tax.
1. Estimated quantity: (1) approximately 1,500 tons of scrap metal;