물품대금
1. The Defendant’s KRW 148,503,300 as well as 20% per annum from May 27, 2015 to September 30, 2015, and the following.
1. Determination as to the cause of claim
A. Fact 1) The Plaintiff is a stock company that operates the business of manufacturing and selling cable communication devices and audio-visual devices, and the Defendant is a person who runs the construction business after registering his/her business in the name of “B”. 2) On February 7, 2014, the Plaintiff, including the instant contract, entered into a contract with the Defendant for the supply of goods, such as video equipment of KRW 210 million (including value-added tax) to the Defendant by February 28, 2014 (hereinafter “instant contract”). By the foregoing deadline, the Plaintiff supplied the Defendant with goods of KRW 203,503,300 (including value-added tax).
On March 6, 2014, the Defendant issued a tax invoice with the supply value of KRW 203,503,300 to the Plaintiff.
3) The Defendant partially repaid the Plaintiff the Defendant’s payment of KRW 50 million on May 16, 2014, and KRW 55 million on September 5, 2014. [Grounds for recognition] Each entry in the evidence A 1 through 6 (including serial number)
- The purport of the whole pleadings
B. According to the above facts of determination, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff the remainder of KRW 148,503,300,00 (=203,503,300 - 55,000,000) out of the supply price of the goods under the instant contract, as sought by the Plaintiff, 20% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from May 27, 2015 to September 30, 2015, and damages for delay calculated at the rate of 15% per annum from the following day to the day of full payment.
(Plaintiff is claiming for the payment of damages for delay calculated at the rate of 20% per annum after October 1, 2015, but according to the amendment of the provision on statutory interest rate under the main sentence of Article 3(1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings, the damages for delay after October 1, 2015 is recognized as 15% per annum and the part claiming damages for delay in excess is dismissed).