물품대금
1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid below shall be revoked.
2. The defendant.
1. Determination as to the cause of claim
A. In light of the overall purport of the statements and arguments as stated in subparagraphs A through 6, the Plaintiff supplied agricultural products to the Defendant who sells agricultural products with the trade name of “D” in the Seocho-gu Busan Metropolitan City, and supplied agricultural products to the Defendant who supplies food materials to the meal service facilities in the trade name of “E” from September 1, 2016 to January 4, 2017, and the fact that the Defendant’s payment of the unpaid agricultural products was 15,158,468.
B. According to the above facts, the Defendant is obligated to pay to the Plaintiff the amount of KRW 15,158,468 of the unpaid agricultural products and the damages for delay calculated at the rate of 6% per annum as prescribed by the Commercial Act from April 30, 2017 to February 7, 2018, which is the date of the ruling of the court of the first instance, and 15% per annum as prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment.
(1) The Plaintiff is liable for delay from January 5, 2017, on the ground that the Plaintiff supplied agricultural products to the Defendant by January 4, 2017. However, it is reasonable to deem that the payment period for the goods of this case is not clear at any time when the payment period for the goods of this case is due. Therefore, there is no evidence to prove that the Plaintiff filed a claim for the above goods payment against the Defendant before the delivery of the copy of the complaint of this case. Furthermore, the Plaintiff submitted a tax invoice issued in the name of the Plaintiff, which is not an individual, and submitted the tax invoice issued in the name of the Plaintiff, and submitted additional evidence to prove that the Defendant was an individual transaction with the appellate court. Thus, the damages rate for delay under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings shall not apply until the judgment of the appellate court is rendered).