beta
Text
1. The Defendant’s KRW 109,538,79 for the Plaintiff and KRW 6% per annum from May 30, 2013 to August 20, 2014.
Reasons
1. Determination on the cause of the claim
A. According to Gap evidence No. 1 (including additional numbers), it is recognized that the plaintiff, who was engaged in the sales business of building materials in the name of "C", supplied goods, such as piping materials, equivalent to KRW 182,789,79 (including value-added tax) to the defendant for the purpose of the construction business of machinery and equipment from November 29, 2010 to December 31, 2012 (including value-added tax) (the plaintiff asserted that the plaintiff supplied goods equivalent to KRW 223,497,604 during the above period in excess of the above recognized amount, but the plaintiff's assertion corresponding to the part exceeding the above recognized amount is not accepted as there is no evidence to acknowledge it).
The Plaintiff is a person who received reimbursement of KRW 73,251,00 from the Defendant.
C. Therefore, barring special circumstances, the Defendant is obligated to pay to the Plaintiff damages for delay at the rate of 6% per annum under the Commercial Act from May 30, 2013 to August 20, 2014, which is the date following the delivery date of the complaint of this case sought by the Plaintiff, with the exception of KRW 73,251,00,00, the remainder of KRW 109,538,79, excluding the remainder of KRW 73,538,79, and damages for delay at the rate of 20% per annum from the following day of the delivery date of the complaint of this case brought by the Plaintiff.
2. Judgment on the defense of performance
A. The Defendant asserts that the portion deposited into the account in the name of C was KRW 73,251,000 in total from January 3, 2011 to August 31, 2012, the Defendant paid KRW 73,251,00 in the account in the name of Gyeongnam Bank in seven times, and thus, the Defendant’s assertion on this portion is not separately determined as to this part.
B. On June 29, 2012, the Defendant deposited into the account of community credit cooperatives: (a) KRW 35,000,000,000; (b) KRW 10,000 on September 28, 2012; and (c) KRW 5,000,000 on November 16, 2012; and (d) KRW 35,00,000,000 on December 31, 2012.