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1. The defendant shall pay 48,878,771 won to the plaintiff and 12% per annum from June 9, 2020 to the day of complete payment.
Reasons
1. The following facts are either in dispute between the parties or in full view of the purport of the entire arguments in the statements in Gap evidence Nos. 1, 2-1 to 10, 12, 13, 13, 1, 2, 6:
A. On June 27, 2019, Defendant (C) entered into a construction contract with D (hereinafter “D”) on a condition that D will perform the instant construction works for the construction of neighborhood living facilities adjacent to the E on the ground of the Gu-U.S. Si (hereinafter “instant construction works”) by October 30, 2019.
B. D intended to supply steel products, such as type lectures, from the Plaintiff with respect to the instant construction, but it is difficult for the Plaintiff to supply them as a matter of previously receivable amounts.
Around October 17, 2019, the Plaintiff, Defendant, and D’s actual operators signed and delivered to the Plaintiff a letter of undertaking (hereinafter “instant letter of undertaking”) of the following contents, which was gathered by G unions:
An object address: A project owner scheduled to construct neighboring E-ground buildings: B (Defendant) will undertake to pay as the top priority to a building if the loan is made from a financial institution after completion of the construction of the steel supply cost for the buildings scheduled to be constructed at the above address.
The relevant company: The amount claimed by A (Plaintiffs): The full amount required by A
C. After receipt of the instant letter of undertaking, the Plaintiff entered into a contract on the supply of steel products, such as steel steel necessary for the instant construction (hereinafter “instant supply contract”) with D, and supplied steel products, etc. totaling KRW 48,878,771 from October 18, 2019 to December 31, 2019 as indicated below.
The name of the date of supply Nos. 1, 201 of H 21,585,410 won of H H 21,585,410 won on October 19, 2019; 317,100 won of H 3,00 on October 21, 2019; 4,139,246 won of H 3,46 won of H 4,742,320 won of H 320 won on October 30, 2019; 4,742,320 won of H 4,742,320 won on November 1, 2019; 4,681,681,00 won of H 5,071 won of H 20,71,71,70 won, and C. 3,5,000 won, including D/P (COR) on November 5, 2019;