가. 청구원인에 대한 판단 갑제1호증 내지 갑제7호증의 각 기재(가지번호가 있는 경우에는 이를 포함한다) 및 변론 전체의 취지를 종합하면, 원고가 ‘C’이라는 상호로 축산물 도소매업에 종사하고, 피고가 ‘D(E)’이라는 상호로 식당을 운영하는 있는 사실, 원고가 2014년 4월까지 피고에게 돈육(豚肉)을 공급하였는데, 피고로부터 돈육대금 40,651,500원을 지급받지 못한 사실이 인정된다.

According to the above facts of recognition, the defendant is obligated to pay to the plaintiff 40,651,500 won of the cash land and damages for delay, except in extenuating circumstances.

B. The defendant's assertion argues that although the plaintiff promised to supply the money at a price calculated by adding approximately KRW 1,000 to the successful bid price, the plaintiff supplied the money at a higher price in violation of the above agreement.

However, there is no evidence to acknowledge the existence of the above agreement between the parties.

Therefore, the defendant's above assertion is without merit.

2. If so, the Defendant is obligated to pay to the Plaintiff damages for delay at a rate of 20% per annum from June 3, 2014 to the day of full payment, which is obviously 20% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, which is the day following the day on which the copy of the instant complaint was served to the Defendant as requested by the Plaintiff after the due date and after the due date. Thus, the Plaintiff’s claims are accepted for all of the grounds, and are so decided as per Disposition.