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1. The Defendant shall pay to the Plaintiff KRW 53,372,00 and interest rate of KRW 20% per annum from March 28, 2015 to the day of complete payment.
Reasons
1. Determination as to the cause of claim
A. In full view of the overall purport of the arguments in the statements in Gap evidence 1-1 through 6, Gap evidence 2-1 through 6, Gap evidence 4, Gap evidence 5-1, 2, and Gap evidence 6-8, the plaintiff can be acknowledged that the defendant entered into a contract with the defendant for the supply of water supply and drainage pipe material in relation to the soil and structures construction 1 and 2 works among the construction works of the housing zone in the Hanam-Sa, which was subcontracted by the defendant from the Taenam-Sa, Inc., for the supply of water supply and drainage pipe material from May 26, 2014 to November 28, 2014, the plaintiff supplied the water supply pipe material to the above construction site from May 26, 2014 to November 28, 2014.
B. According to the above facts of recognition, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff the amount of KRW 53,372,000 in total and the damages for delay calculated at the rate of 20% per annum from March 28, 2015 to the day of full payment, which is the day following the day when the original copy of the payment order was served to the Defendant in lieu of the copy of the instant complaint, as the Plaintiff seeks.
2. The Defendant’s argument as to the Defendant’s assertion argues to the effect that there was no supply of materials equivalent to KRW 2,581,480, which the Plaintiff asserted that he/she supplied on November 27, 2014, and thus, the Defendant cannot respond to the claim on the part of the Plaintiff’s claim.
However, comprehensively taking account of the overall purport of the arguments in the evidence Nos. 5-1, 2, 6-8, and 4, the Plaintiff received an order from the Defendant to supply the said materials from A on November 27, 2014, and supplied them to the Defendant on November 28, 2014. On December 24, 2014, the Plaintiff issued a tax invoice for KRW 2,581,480 for the said supply price to the Defendant on December 24, 2014, and the Defendant prepared a comprehensive list of the current status of supply for the large forest industry which was unpaid in 2015.