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1. The Defendant shall pay to the Plaintiff KRW 233,309,065 and the interest rate of KRW 15% per annum from March 23, 2016 to the date of full payment.
Reasons
1. According to Gap evidence Nos. 1 through 8 and evidence Nos. 9-1 and 2 as to the cause of the claim, the plaintiff supplied the defendant with a total of KRW 279,794,100 as stated in the separate sheet Nos. 1 from January 1, 2010 to October 31, 2010, and the defendant paid KRW 123,108,420 as the remaining price of the goods, including the carried-over amount and the value-added tax, and the defendant paid KRW 326,619,095 as the remaining goods. ② The plaintiff supplied the defendant with the total of KRW 28,393,80 as stated in the separate sheet Nos. 21 from January 1, 2012 to December 31, 2012 to KRW 309,970 and KRW 309,970 as the remaining amount of the goods, including the carried-over amount and the value-added tax.
Therefore, barring special circumstances, the Defendant is obligated to pay to the Plaintiff 23,309,065 won ( = 203,510,675 won) as the remaining price for the goods supplied in March 2010 and 2012, and to pay damages for delay at the rate of 15% per annum from March 23, 2016 to the date of full payment, which is the day following the delivery of the original copy of the instant payment order.
2. The defendant's defense and the plaintiff's defense
A. The defendant's defense that the above remaining claim for the price of goods was extinguished by the statute of limitations. Thus, since the plaintiff operated C in the wholesale and retail business of steel products, there is no dispute between the parties as part of the above business, the above remaining claim for the price of goods falls under the price of goods sold by the merchant, and its extinctive prescription is three years pursuant to Article 163 subparagraph 6 of the Civil Code, barring any special circumstance, and the claim for the price of goods arising from a continuous contract continues to run by the extinctive prescription from the time of occurrence of each obligation for the price of goods due to an individual transaction.