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The defendant shall pay 48,400,000 won to the plaintiff and 5% per annum from September 29, 2012 to November 20, 2013, and the next day.
Reasons
Facts of recognition
On August 27, 2012, the Plaintiff agreed with the Defendant to supply steel products at the construction site located in Namyang-si as follows:
Contract amount: 151,00,000 won (excluding value-added tax): 30,000,000 won (excluding value-added tax) and the balance paid on August 28, 2012: 121,00,000 won (excluding value-added tax) and the payment contract period on September 15, 2012: The Plaintiff supplied steel materials to the above construction site on August 27, 2012, and issued a tax invoice with the Defendant paid the following goods:
According to the above fact-finding on August 8, 2012: (a) KRW 117,700,000 (which means the basis for recognition] of KRW 117,700,000 on August 28, 2012; (b) each statement of KRW 117,70,000 on September 28, 2012; (c) and each of the statement of KRW 117,70,000 on the evidence of subparagraphs A1 through 7 (which includes the serial number); and (d) the ground for the claim of determination on the purport of the whole pleadings, the Defendant is obligated to pay the Plaintiff the balance of the goods price of KRW 48,40,00 (the total amount of KRW 166,10,000 on the total amount of KRW 117,70,000 on the annual repayment amount of KRW 117,70,000 on the basis of value-added tax) and the annual repayment rate of KRW 15,219,200,21.21.
As to the Defendant’s assertion, the Defendant paid the entire amount of the goods in this case to the Defendant, and the remainder is paid from E.I.D., a superior contractor to the ordering place or the Plaintiff. ② The Plaintiff’s settlement of the price with the Plaintiff was completed upon receipt of revised tax invoices of KRW 41,892,983 from the Plaintiff on December 26, 2012. Thus, it is not proven that the Plaintiff exempted the Defendant from the obligation to pay the remainder of the goods in this case while the Plaintiff received the revised tax invoices of KRW 41,892,983 from the Plaintiff.