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1. The Defendant shall pay to the Plaintiff KRW 108,824,875 and the interest rate of KRW 15% per annum from November 3, 2018 to the date of full payment.
Reasons
Comprehensively taking account of the overall purport of the arguments in Gap evidence Nos. 3 through 5 (including the number of branch numbers; hereinafter the same shall apply) as to the cause of the claim, the plaintiff is recognized that the plaintiff supplied ready-mixed to the defendant at the construction site of Samsung-si Construction Corporation (hereinafter "the construction of this case") and 354,354,600 won (including each value-added tax; hereinafter the same shall apply) for the claim for the supply price of 354,354,60 won (including each value-added tax) from November 7, 2017 to June 25, 2018
According to the above facts, the defendant is obligated to pay to the plaintiff 108,824,875 won and damages for delay, which the plaintiff seeks, as the balance of the above supply price, unless there are special circumstances.
As to the Defendant’s objection to the defense, etc., as to the Defendant’s objection to the payment of KRW 301,276,570 in total, the Defendant asserted that the Plaintiff paid KRW 301,276,570 in total to the Plaintiff, taking account of the following: (a) the Defendant paid KRW 24,952,620 on February 6, 2018; (b) KRW 70,000 on March 2, 2018; (c) KRW 106,323,950 on April 13, 2018; and (d) KRW 301,276,570 on August 24, 2018 (i) KRW 24,952,620,000 on KRW 70,000 on KRW 70,000 on KRW 10,000 on August 23, 200).
However, in full view of the entries and the overall purport of the arguments as stated in the evidence No. 5, the Plaintiff is acknowledged to have appropriated the Defendant for the payment of the claim for the supply price of ready-mixed at the construction site of this case in the amount of KRW 4,592,060 from August 24, 2018, the Defendant’s repayment of KRW 100,000,000 on August 24, 2018, KRW 51,154,785 on the construction site of “D” and the remainder of KRW 44,253,155 to the payment of the claim for the supply price of ready-mixed at the construction site of this case.
Therefore, the Plaintiff’s claim to supply ready-mixeds to the construction site of this case (i.e., KRW 24,952,620, KRW 70,000, KRW 106,323,950, KRW 44,253,155) is extinguished upon repayment, and only KRW 108,824,875 =35.