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1. As to the Plaintiff KRW 97,887,740 and KRW 71,135,740 among them, the Defendant shall pay to the Plaintiff KRW 26,752,00 from September 2, 2017.
Reasons
If Gap evidence Nos. 1, 2, 3, and 5 added the purport of the entire pleadings, the plaintiff entered into a contract with the defendant to pay KRW 1,173,785,800 for the manufacture and installation works of a mixed beverage on August 17, 2016, and ② entered into a contract with the defendant for the extension of charging period on June 25, 2018 and the modification works pursuant to this theory to pay KRW 26,752,00. The plaintiff's completion of each of the above works can be acknowledged.
In addition, the plaintiff was paid KRW 1,102,650,060 as the price for the manufacture and installation of the mixed beverage manufacturing system by the defendant.
Therefore, the Defendant is obligated to pay the Plaintiff KRW 97,887,740 (i.e., KRW 1,173,785,80) - KRW 1,102,650,060 ( KRW 26,752,00) and KRW 71,135,740 (i.e., the date of issuance of defective securities) with respect to the remainder of the manufacture and installation works of the mixed beverage manufacturing system from September 2, 2017; and (ii) with respect to KRW 26,752,00 from July 7, 2018, which is the date of issuance of defective securities, until February 11, 2020, which is the date of delivery of the original copy of the payment order of this case; and (iii) damages for delay calculated by 12% per annum as prescribed by the Act on Special Cases concerning the Facilitation, etc. of Legal Proceedings.
If so, the plaintiff's claim is justified.