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1. The Defendant’s KRW 568,865,457 as well as the Plaintiff’s KRW 6% per annum from November 1, 2010 to August 21, 2015.
Reasons
1. Indication of claim;
A. The Plaintiff is a manufacturer or seller of sealed containers, and the Defendant is a person who engages in wholesale and retail business of household goods with the trade name “B”.
B. From March 30, 2010 to August 17, 2010, the Defendant supplied goods equivalent to KRW 718,932,257 in total from the Plaintiff, but only KRW 150,06,80 out of the price of goods, and did not pay KRW 568,865,457 until now.
C. Meanwhile, as the Defendant agreed to pay the Plaintiff the unpaid goods price by October 2010, the Defendant is obligated to pay the Plaintiff the amount of 568,865,457 won due and the damages for delay calculated at the rate of 6% per annum under the Commercial Act from November 1, 2010 to the date of delivery of a copy of the instant complaint, as sought by the Plaintiff, and 20% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment.
2. Article 208 (3) 3 of the Civil Procedure Act (Judgment by public notice) of the applicable provisions of Acts;
3. The statutory interest rate, which is the basis for calculating the amount of damages due to the nonperformance of monetary obligations, as amended by Presidential Decree No. 26553, Sept. 25, 2015, is 20% per annum until September 30, 2015; and 15% per annum after October 1, 2015, respectively, since the statutory interest rate, which is the basis for calculating the amount of damages due to the nonperformance of monetary obligations under Article 2(2) of the Addenda of the same Regulation, is 568,865,457, as the Plaintiff’s unpaid goods payment damages amounting to 568,457, as the Plaintiff’s damages for delay calculated at the rate of 15% per annum, is dismissed.
4. In conclusion, the plaintiff's claim of this case is justified within the scope of the above recognition, and the remaining claim is dismissed as it is without merit. It is so decided as per Disposition.