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1. The Defendant’s KRW 33,678,078 as well as the Plaintiff’s annual rate of 5% from June 23, 2018 to July 9, 2019.
Reasons
1. Facts of recognition;
A. The Plaintiff is a company running the food sales business of meal service facilities, such as schools, and the Defendant is a company that manufactures the mutual food in the name of “C” and supplies food to meal service suppliers, such as the Plaintiff.
B. A school meal service supplier, such as the Plaintiff, is participating in each school’s supply of food materials and supplying food materials to a school awarded a successful tender on a monthly basis. The Plaintiff has supplied food materials to D High School located in Seoul Special Metropolitan City, Nowon-gu for a period from May 1, 2017 to May 31, 2017.
C. D High Schools sent an order stating the name of each date from May 1, 2017 to May 31, 2017 to the Plaintiff, and requested D High Schools to supply 35 1 kg’s stuffs (hereinafter “instant products”) on May 26, 2017.
The defendant has a regional agency. One of the agencies is the Seoul Special Metropolitan City, Nowon-gu, Dobong-gu, Gangseo-gu, and Seongbuk-gu operated by E having jurisdiction over Seongbuk-gu (hereinafter referred to as "F agency"), and the plaintiff sent an order to deliver the product of this case to the F agency on May 18, 2017, indicating the food name of each date from May 22, 2017 to May 28, 2017, and ordered the delivery of the product of this case on May 26, 2017.
E. The F agency specified the goods to be delivered daily to the Defendant for each week at each week, and the Defendant delivered the pertinent goods to the F agency in accordance with the above order on the day immediately preceding the day designated as the delivery date.
However, the defendant delivers goods to the F agency only from the day to the day of demand, and if the school delivery date specified in the order is a Typt or a e-mail, the F agency usually enters the delivery date and puts the order to the defendant. The defendant delivers the goods to F agency only after the demand for Typt or Typt.
F. On May 26, 2017, the delivery date of the instant product to D High Schools.