A. Around January 2015, the Plaintiff entered into a contract with the Defendant to supply food materials to the Defendant (hereinafter “instant contract”).

B. Meanwhile, between D Co., Ltd. (hereinafter “D”), the Defendant concluded a guarantee insurance contract with the content that D guarantees the Defendant’s obligation to pay food materials to the Plaintiff under the instant contract (hereinafter “instant insurance contract”).

C. The Plaintiff supplied food materials to the Defendant from January 2015 to June 2018 under the instant contract.

However, the Defendant did not pay to the Plaintiff an amount equivalent to KRW 39,001,207 out of the total price of food materials according to the instant contract.

Accordingly, on August 10, 2018, the Plaintiff claimed for the payment of insurance proceeds under the instant insurance contract against D, and D paid KRW 20,000,000 as insurance proceeds to the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings

2. According to the above facts of determination, the Defendant is obligated to pay to the Plaintiff the amount of KRW 19,001,207 (=39,001,207 won - 20,000,000) due for the unpaid food materials under the contract of this case and 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 November 20, 2018 to the date of full payment as requested by the Plaintiff, which is clear from November 20, 2018 to the date of full payment.

3. In conclusion, the claim of this case is justified, and it is so decided as per Disposition.