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1. The Defendant’s KRW 438,788,102 and KRW 240,401,912 among the Plaintiff and the Plaintiff’s KRW 100,976,040 from September 1, 2014.
Reasons
1. Basic facts
A. The Plaintiff is a company engaged in the business of processing and manufacturing glass, pyro glass, etc., and the Defendant is an individual entrepreneur engaged in the business of windows, etc. in the trade name of “B.”
B. Around January 2014, the Plaintiff entered into a supply contract with the Defendant to manufacture a double-story glass in accordance with the Defendant’s order and deliver it to the construction site designated by the Defendant (hereinafter “instant contract”) and supplied a double-story glass to the Defendant under the said contract. As of August 27, 2014, the Plaintiff did not receive KRW 62,948,515 out of the price of the goods under the instant contract from the Defendant.
C. On August 31, 2014, the Plaintiff supplied the Defendant with the 24th floor glass, etc. equivalent to KRW 327,453,397, the 22th floor glass, etc. equivalent to KRW 100,976,040, Sept. 30, 2014; and the 22th floor glass, etc. equivalent to KRW 97,410,150, Oct. 31, 2014; and issued a tax invoice for the 22th floor glass, and claimed the payment thereof to the Defendant. However, on September 24, 2014, the Defendant paid the Plaintiff KRW 150,000,000 as the price for the goods.
[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-1 to 3, Gap evidence 3, the purport of the whole pleadings
2. The assertion and judgment
A. According to the above findings of determination as to the cause of the claim, the Defendant: (a) barring special circumstances, 438,788,102 won (= KRW 62,948,515 won 327,453,397 won; KRW 100,976,040 won; KRW 97,410,150; KRW 150,000); and (b) 240,401,912 won (= KRW 62,948,515 won; KRW 327,45,397 – KRW 150,000,000) annually from the day following the date of the claim to the Defendant; (c) from September 1, 2014 to 10,976,000,000 won; and (d) from the date of the claim to the Defendant, the following day of the amendment of the claim’s claim to KRW 10,1410.7