A. The Plaintiff is a company that manufactures and sells swine meat, and the Defendant is a company that sells meat products.

B. The Plaintiff supplied the Defendant with 98,968,450 won fat goods from October 20, 2016 to December 2, 2016.

C. The Plaintiff received from the Defendant the payment of KRW 73,940,000 from the Defendant until December 31, 2016 to the remainder of KRW 25,028,450.

On January 10, 2017, the Plaintiff received the payment of the price of goods from the Defendant and KRW 20,028,450,000,000 from January 13, 2017.

E. On February 23, 2017, the Plaintiff received reimbursement of KRW 8 million from the Defendant and led to the remainder of KRW 12,028,450 (hereinafter “the balance of the instant goods”).

F. On the other hand, on December 31, 2016, the Plaintiff filed an application for the instant payment order seeking payment of KRW 25,028,450 in balance of the price of goods and damages for delay at 15% per annum.

On January 12, 2017, the Defendant served a notice of the instant payment order, and filed an objection thereto on January 20, 2017.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, purport of whole pleadings

2. Determination

A. The plaintiff, ① 1-D.

As to the balance 20,028,450 won in the clause, 15% per annum shall be claimed from January 13, 2017 to February 22, 2017, and 25% per annum shall be claimed from February 23, 2017 to the date of full payment.

B. According to the facts found above, the defendant 1-D.

As to KRW 20,028,450 in the balance of the claim in this case after the date of the lawsuit in this case, 112,48 won ( = 20,028,450 won x 0.05 x 41/365) per annum as stipulated in the Civil Act from January 13, 2017 to February 22, 2017, for which the plaintiff sought payment of KRW 5% delayed damages from January 13, 2017 to February 22, 2017. The amount claimed by the plaintiff for the payment order in this case is KRW 25,028,450 in the amount of the claim filed by the plaintiff, and thus, it is reasonable to dispute the existence or scope of the

Therefore, above.