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1. The Defendant shall pay to the Plaintiff KRW 38,045,872 as well as 30% per annum from December 7, 2012 to the day of full payment.
Reasons
1. The following facts may be acknowledged in full view of the purport of the entire pleadings by either the plaintiff and the defendant, or by the statement in Gap evidence Nos. 1 through 3 (including paper numbers).
On November 9, 201, G Co., Ltd. (hereinafter only referred to as “G”) that had been performing construction works of a new reconstruction association and apartment on each ground of Busan Geum-gu, D, and E entered into a subcontract with the Defendant to subcontract the construction works of soil and reinforced concrete (only referred to as “each of the instant construction works”) among the said construction works to the Defendant (hereinafter referred to as “instant subcontract”).
B. On December 10, 2009, the Defendant entered into a contract with the Plaintiff for the sale and lease of steel materials (hereinafter “instant sale and lease contract”) on December 10, 2009 for the supply of steel materials necessary for the subcontracted construction from G, and agreed that the overdue interest rate for the unpaid payment should be 30% per annum. G as the contractor of the said construction, as the contractor of the said construction, guaranteed the Defendant’s obligation for the sales and lease contract of this case to the Plaintiff.
C. From February 2010, the Defendant did not perform each of the instant construction works, and on February 28, 2010, sent to the Plaintiff a statement that the instant subcontract was cancelled with G, and thus, the Defendant could not be supplied with steel materials from the Plaintiff.
Accordingly, G directly performed each of the instant construction works, and from March 3, 2010, the Plaintiff directly supplied G with steel materials used for each of the instant construction works.
From December 14, 2009 to January 25, 2010, the sale proceeds and rents for steel products sold or leased to the Defendant are KRW 86,610,780 in total, and the sale proceeds and rents for steel products sold or leased to G from March 3, 2010 to March 29 of the same month are KRW 36,342,610 in total.
In addition, G shall provide the Plaintiff with compensation of KRW 69,397,600 under Article 5 of the instant sales and rental contract.