1. The Defendant (Counterclaim Plaintiff) paid KRW 175,353,431 to the Plaintiff (Counterclaim Defendant) and its related amount from November 1, 2016 to May 12, 2020.

Basic Facts

The plaintiff is a company that aims at the manufacturing, wholesale and retailing, export and import business, and the defendant is a company that aims at the clothing manufacturing, wholesale and retail business, etc.

On July 14, 2016, the Plaintiff entered into a contract with the Defendant to supply 4,000 sets (total 12,000 sets) for each of the 6,000 sets (total 12,000 sets) and 4,000 sets (total 8,000 sets) by September 30, 2016 (hereinafter “instant commodity supply contract”).

On October 31, 2016, the Plaintiff supplied 175,353,431 won to the Defendant the sum of the supply value and value-added tax.

[Ground of recognition] Fact-finding without dispute, Gap evidence Nos. 1 and 6, and the purport of the entire pleadings. The defendant is obligated to pay to the plaintiff 175,353,431 won for the goods supplied by the plaintiff according to the contract of supply of the goods of this case, and damages for delay calculated at the rate of 5% per annum as prescribed by the Commercial Act from November 1, 2016 to May 12, 2020, and 12% per annum as stipulated by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, from the next day to the day of full payment.

[The legal interest rate under the main sentence of Article 3(1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings (amended by Presidential Decree No. 29768, May 21, 2019) is 12% per annum from June 1, 2019, and thus, the part of the claim for delay damages is rejected. The Defendant’s judgment on the counterclaim claim is dismissed.