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1. The Defendant’s KRW 155,603,030 and KRW 118,143,465 among the Plaintiff and KRW 37,459,565 among the Plaintiff.
Reasons
1. Indication of claim;
A. On July 27, 2019, the Plaintiff entered into a supply contract, such as steel bars, sn beam beam lines, poppy, and steel scrap, with the Defendant who manufactures steel structures, etc. under the trade name of “C”, with the amount of KRW 118,143,465, and completed delivery until August 29, 2019.
B. After that, the Plaintiff concluded a contract for supply of steel plates, poppy letters, etc. with the price of October 10, 2019 as KRW 37,459,565, and completed the delivery on the same day.
C. Therefore, the Defendant is obligated to pay to the Plaintiff damages for delay at the rate of 12% per annum from February 4, 2020 to the day following the delivery date of a copy of the instant complaint with respect to the total amount of KRW 155,603,030 and KRW 118,143,465, which is the day following the delivery date of the copy of the instant complaint, with respect to KRW 37,459,565, which is the day following the delivery date of the copy of the written application for modification of the cause of the claim and the written application for modification of the cause of the claim.
2. Articles 208 (3) 1 and 257 of the Civil Procedure Act of the applicable provisions of Acts;
3. The plaintiff in part of each term of delay claimed 155,603,030 won with 12% interest per annum from the day following the delivery date of the copy of the complaint in this case until the day of complete payment. However, with respect to the claim principal extended by the application for modification of the claim in this case, 37,459,565 won can claim damages for delay as of February 4, 2020, which is the day following the delivery date of the copy of the above application for modification, since the claim for damages for delay for the previous term is rejected.