매매대금
1. The Defendant shall pay to the Plaintiff KRW 39,896,00 and the interest rate of KRW 15% per annum from October 2, 2015 to the day of complete payment.
According to the statements in Gap evidence Nos. 1 through 4, the plaintiff engaged in wholesale and retail business of clothing materials with the trade name "B" and supplied the defendant with clothing materials equivalent to KRW 49,896,000 from May 28, 2015 to July 7, 2015. It is recognized that the defendant paid KRW 10,000,000 out of the above price of supply and did not pay KRW 39,896,000.
Therefore, the Defendant, barring special circumstances, is obligated to pay to the Plaintiff 39,896,00 won for the goods unpaid to the Plaintiff as well as damages for delay calculated at the rate of 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from October 2, 2015 to the day of full payment, as the Plaintiff seeks after the delivery date of the original copy of the instant payment order for the goods and the delivery date of the clothing materials.
[Plaintiff claimed damages for delay at the rate of 20% per annum, but the statutory interest rate under Article 3(1) of the Act on Special Cases Concerning the Encouragement, etc. of Legal Proceedings (Enforcement Decree) was amended on September 25, 2015, and enforced on October 1, 2015. As such, the Plaintiff’s claim for damages for delay from October 2, 2015, which is the day following the delivery date of the instant payment order, is recognized to the extent modified). As to this, the Defendant did not have any evidence to acknowledge that the Plaintiff additionally paid KRW 5 million to the Plaintiff on September 23, 2015.
Therefore, the plaintiff's claim is justified within the scope of the above recognition, and the remainder is dismissed as it is without merit. It is so decided as per Disposition.