Text
1. The Defendant’s KRW 67,321,718 as well as the Plaintiff’s KRW 60% per annum from November 3, 2016 to March 10, 2017.
Reasons
1. The following facts may be found either in dispute between the parties or in accordance with Gap evidence Nos. 1, 2, and Eul evidence No. 1-1 and No. 2, taking into account the whole purport of the pleadings:
The plaintiff is engaged in the manufacturing and wholesale and retail business of Aluminium with the trade name of "C".
B. The Plaintiff supplied aluminium products to the Defendant by September 12, 2016.
C. The Plaintiff received partial payment from the Defendant, but as of September 12, 2016, the Defendant’s debt amount is KRW 77,321,718.
2. The assertion and judgment
A. According to the above recognition of the Plaintiff’s claim, barring any special circumstance, the Defendant is obligated to pay the Plaintiff the amount of KRW 77,321,718 payable for the goods and delay damages.
B. (1) The Defendant asserts that the remaining goods amount of KRW 67,321,718 is KRW 67,321,718.
(2) On October 2016, there is no dispute between the parties that the Defendant paid KRW 10,00,000 to the Defendant’s goods. Therefore, the amount payable by the Defendant is KRW 67,321,718.
C. In the lawsuit, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 67,321,718 won (=7,321,718 won - 10,000,000 won) and the rate of 15% per annum under the Commercial Act from November 3, 2016 to March 10, 2017, which is the date the original copy of the instant payment order was served on the Defendant.
Although the Plaintiff claimed damages for delay from September 13, 2016, there is no evidence to acknowledge that the due date for the payment of the price for the goods was September 13, 2016, and the Plaintiff’s claim arrives from the day following the delivery of the copy of the instant complaint with a claim without setting the due date.