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1. The Defendant’s KRW 109,410,400 as well as 20% per annum from February 3, 2015 to September 30, 2015 to the Plaintiff.
Reasons
The basic fact is that the plaintiff is an engineering work business, building work business, reinforced earth retaining wall sales business, etc., the defendant is a company engaged in an engineering work business, a civil engineering construction business, a stone construction business, a stone construction business, etc. (hereinafter referred to as "finite") and a company engaged in an engineering work business, a reinforced earth retaining wall construction business, and a material sale business of reinforced retaining wall.
On August 2010, Greenenna entered into a technical agreement with the Defendant on the construction of reinforced earth retaining walls, set the unit price for the supply of materials related to reinforced earth retaining walls, and supply the Defendant with materials related to reinforced earth retaining walls at the site of the construction of Changwon-Umsan Road (hereinafter “instant construction”) in accordance with the said technical agreement.
On December 31, 2012, the Plaintiff issued a tax invoice of KRW 109,410,400 to the Defendant.
On the other hand, on March 3, 2015, N.N. filed a lawsuit against the Defendant as the Ulsan District Court 2015Gahap935, and the above court rendered a judgment on August 17, 2017 that “the Defendant shall pay to N.N. for the price of the goods and for delay thereof” and the Defendant appealed and continues to file an appeal with the Busan High Court 2017Na55414 as of the date of the appeal.
[Based on the recognition] There is no dispute, or there is a significant fact in this court, Gap evidence Nos. 2, 4, 5, 14, and 15, and the plaintiff's assertion of the purport of the entire pleadings, around August 2010, the court concluded a technology agreement with the defendant and supplied reinforced soil materials to the defendant from May 201, and around September 10, 201, agreed to pay to the plaintiff KRW 356,290,00 (=the unpaid amount of KRW 323,90,000 plus tax of KRW 32,390,000), out of the unpaid amount of KRW 109,410,400,00 for the defendant's neighborhood around September 10, 2012.
Therefore, the defendant is obligated to pay to the plaintiff 109,410,400 won for material price and damages for delay.
The defendant's assertion is only supplied with reinforcements necessary for the construction of the instant construction work from Nitna.