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1. The Defendant shall pay to the Plaintiff KRW 23,980,533 and the interest rate of KRW 15% per annum from April 7, 2016 to the date of complete payment.
Reasons
1. Determination on the cause of the claim
A. Comprehensively taking account of the overall purport of the arguments in the evidence Nos. 1-1, 2, 3 through 6, 10, 10, 1-2 through 4, 3, and 5, the Plaintiff is a person who runs a wholesale and retail business of mutual clothing materials and subsidiary materials with “B” and the Defendant was a company for the purpose of manufacturing clothes and wholesale and retail, etc., and the Defendant entered into a contract for the supply of clothing products with the Korea Forest Service on September 15, 2015 with the Escort Co., Ltd. (hereinafter “non-party company”); the Plaintiff supplied the Defendant with clothing materials, such as 23,980, 533 won, around October 2015 in relation to the supply contract for the above clothing products; and there is no reflective evidence.
B. According to the above facts, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff the amount of KRW 23,980,533 of the accrued clothing material cost and delay damages calculated at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, etc. from April 7, 2016 to the day of full payment, which the Plaintiff seeks.
2. Judgment on the defendant's assertion
A. In regard to this, when the person ordering the manufacture of the clothes designates an enterprise to be supplied with the clothing materials to the recipient, it is a commercial practice that the price for the clothing materials will be paid in full after the payment of the price for the clothing materials is made. When the non-party company entered into a contract for the supply of the clothing materials with the defendant and the Korea Forest Service, the plaintiff and the defendant traded the above clothing materials. At that time, the plaintiff and the defendant agreed that the non-party company shall supply the goods to the non-party company and the non-party company shall pay the price for the clothing materials to the plaintiff. Since the defendant has not yet received all the price for the clothing from the non-party company, the defendant's payment