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1. The Defendant shall pay to the Plaintiff KRW 35,169,321 and the interest rate of KRW 15% per annum from August 21, 2018 to the day of complete payment.
Reasons
Facts of recognition
From May 2017 to August 2017, the Plaintiff sold the Defendant a total of KRW 132,838,322 of the snow materials. From December 2017 to April 2018, the Plaintiff leased the snow materials to the Defendant for rent of KRW 43,546,360.
Until July 2018, the Defendant repaid the Plaintiff KRW 116,215,460 out of the sales proceeds of the household building materials, and paid KRW 25,00,000 as the rent for the household building materials.
(Reasons for Recognition) Facts without dispute, Gap evidence 1 through 5, Eul evidence 1 through 5 (including each number), the purport of the whole pleadings.
Judgment
According to the above facts, the Defendant shall pay to the Plaintiff the remaining purchase price of building materials of KRW 16,622,862 (i.e., KRW 132,838,322 - KRW 116,215,460) and the remaining rent of KRW 18,546,360.
In regard to this, the defendant asserted that the plaintiff provided the remaining purchase price of KRW 16,62,862 on December 8, 2017 and did not comply with the use fee of building snow materials and transportation cost borne by the defendant on behalf of the plaintiff, and that the plaintiff and the defendant agreed to offset them. However, there is no evidence to acknowledge this, the defendant's defense against this part shall not be accepted.
Therefore, the Defendant shall pay to the Plaintiff damages for delay calculated at the rate of 15% per annum from August 21, 2018 to the date following the delivery date of the Plaintiff’s application for modification of the purport of the instant claim and the cause of the claim, as the Plaintiff seeks, after the completion of the lease period for the sale and the use period of the building materials (i.e., KRW 16,62,862, 18,546,360) and the said amount.
The plaintiff's claim is accepted.