물품대금
1. The Defendant shall pay to the Plaintiff KRW 31,890,765 as well as 20% per annum from March 5, 2015 to the day of complete payment.
From July 2014 to July 2014, the Plaintiff supplied food materials to the Defendant who runs a wholesale and retail business with the trade name of “B,” and the fact that the Plaintiff did not receive the goods amounting to KRW 31,890,765 from the Defendant does not conflict between the parties, or can be recognized by the evidence “A”. Thus, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff the amount of unpaid goods 31,890,765 won and damages for delay calculated at the rate of 20% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from March 5, 2015 to the day of full payment.
In regard to this, the defendant asserts that the plaintiff could not respond to the plaintiff's request because the plaintiff's insurance period remains until December 31, 2015, even though the performance (sale) insurance period remains until December 31, 2015.
The plaintiff cannot be deemed to have a duty to continue to supply food materials to the defendant who delayed payment of the price of the goods on the ground that the performance guarantee insurance period has not expired, and the plaintiff did not pay the price of the goods on credit equivalent to KRW 30 million.
The defendant's assertion cannot be accepted, inasmuch as there is no evidence to acknowledge that the plaintiff discontinued the supply of food materials to the defendant without justifiable grounds and does not receive the return of food materials.
Therefore, the plaintiff's claim is accepted on the ground of the reasons.