물품대금
1. The Defendant’s KRW 35,285,90 for the Plaintiff and its related KRW 6% per annum from May 28, 2016 to July 18, 2016.
Comprehensively taking account of the overall purport of the arguments in Gap evidence Nos. 1-4, the plaintiff supplied rice to the defendant from April 13, 2016 to May 27, 2016, and it is recognized that the amount of KRW 35,285,90 out of the price was unpaid.
Although the Defendant asserts to the effect that “the weight of rice supplied as a practical substance is less than the Plaintiff’s assertion,” it is difficult to accept as it is contrary to the weight and value of supply as set out in the tax invoice that the Defendant was issued from the Plaintiff and did not raise any objection.
(1) The Defendant is obligated to pay to the Plaintiff the annual amount of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from May 28, 2016 to July 18, 2016, as the Defendant did not immediately notify the Plaintiff of the shortage of supply volume in the transaction between the Plaintiff and the Plaintiff, even if the weight of the rice actually supplied is less than the Plaintiff’s assertion. Accordingly, pursuant to Article 69(1) of the Commercial Act, the Defendant is obligated to pay to the Plaintiff the amount calculated at the rate of 35,285,90 won for the supply price of the rice unpaid to the Plaintiff, and as the Plaintiff seeks, from May 28, 2016 to July 18, 2016, the delivery date of the authentic copy of the instant payment order from the next day to the day of full payment.
Therefore, the plaintiff's claim is justified.