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1. Of the judgment of the court of first instance, KRW 205,091,228 against the Plaintiff and its related thereto, from December 27, 2012 to January 13, 2015.
Reasons
1. Basic facts
A. A. Around October 2010, the Defendant entered into a feed supply contract with the Plaintiff to supply feed to the Defendant (hereinafter “instant contract”). Article 8 of the instant contract provides that “In the event the balance of the purchase price is not deposited within the mutually agreed settlement date after the discontinuance of the transaction, the Plaintiff may claim for overdue interest at 24% per annum against the Defendant for the delayed settlement payment.”
B. From October 2010 to December 4, 2012, the Plaintiff supplied the Defendant with feed, and around December 4, 2012, the outstanding amount of feed was KRW 205,091,228.
C. On June 10, 2014, the Defendant deposited an annual interest of 6% under the Commercial Act from December 5, 2012 to June 10, 2014, the deposit date for payment of KRW 135,610,168 (the sum of the annual interest of KRW 11,300,279, and KRW 279 for the Plaintiff as the principal of the feed price) by making the Plaintiff as the principal deposit account under the Cheongju District Court Decision 2014, Jun. 10, 2014.
(hereinafter “Deposit for Payment in this case”). 【No dispute exists, Gap evidence 1 through 4, Eul evidence 10 (including serial number), the purport of the whole pleadings.
2. Determination:
A. According to the above facts finding as to the cause of claim, barring any other special circumstances, the Defendant appears to claim for the damages for delay from December 27, 2012, the following day after the delivery of a copy of the complaint in this case, as feed payment, to the Plaintiff (the Plaintiff shall be liable for delay from December 5, 2012, the day following the last supply date. However, there is no provision on the date of payment under the contract in this case. Thus, the Defendant shall be liable for delay from the day after the notice of performance is given) to the Plaintiff as to the existence and scope of the obligation to pay.
1. By the 13. 13., 6% per annum under the Commercial Act and 20% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the following day to the date of full payment.