A. The Plaintiff entered into a mixed feed supply contract with the Defendant on October 2010, and agreed to pay interest at 24% per annum for the remaining trading balance after the discontinuance of the transaction. From that time to December 4, 2012, the Defendant supplied the mixed feed to the Defendant from November 10, 2012 to December 4, 2012. (2) The Defendant did not pay the price for the mixed feed to the Plaintiff from November 10, 2012, and on December 4, 2012, the mixed feed price that the Defendant did not pay to the Plaintiff is KRW 205,091,228.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 4 (including branch numbers), the purport of the whole pleadings

B. According to the above facts of recognition, the defendant, barring special circumstances, sought payment of KRW 206,170,068 to the plaintiff for the combined feed price of KRW 205,091,228, however, there is no ground to acknowledge such payment, and even if the defendant acted to claim payment of the total amount of delay damages up to December 17, 2012 for KRW 205,091,228, the defendant shall be held liable for delay from the day following the notified payment of the performance. Thus, the plaintiff's claim for the portion exceeding KRW 205,091,228 is without merit.

On the day following the delivery date of a copy of the complaint of this case, the plaintiff and the plaintiff shall be liable to pay damages for delay at the rate of 24% per annum from December 27, 2012 to the day of complete payment.

On the other hand, the defendant asserts that the above overdue interest rate shall not be applied without agreement between the plaintiff and the defendant on the settlement date. However, if the above provision on the overdue interest rate (Article A (8) of the above provision on the overdue interest rate (Article A) is interpreted as above, even if the transaction is discontinued, if the defendant fails to comply with the agreement on the settlement date, it is unfair that the plaintiff cannot claim damages other than those as provided by the Commercial Act or the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings.