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1. The defendant paid KRW 6,423,409 to the plaintiff as well as KRW 6% per annum from August 1, 2020 to November 24, 2020.
Reasons
1. Determination on the cause of the claim
A. As a company that manufactures and sells food additives, the Plaintiff prepared a trade agreement with the Defendant on April 5, 2018 while supplying food additives to the Defendant, and around April 30, 2019, the Plaintiff may recognize the payment of the unpaid goods of KRW 67,916,40,00 to the Plaintiff, either there is no dispute between the parties or by considering the overall purport of the pleadings as a whole.
In addition, the Plaintiff was paid KRW 30,000,000 from the Defendant on June 30, 2020, and KRW 35,804,400 on July 31, 2020.
B. However, in the instant case where there is no evidence that there was an agreement or designation between the parties to the claim payment order, the damages for delay from June 29, 2019 to June 30, 2020, which the Plaintiff claimed against KRW 67,916,400 under the order stipulated in Article 479(1) of the Civil Act, shall be appropriated first to the damages for delay from June 29, 2019 to June 30, 2020 (=67,916,400 won to X06 X (12,365 days), and less than KRW 25,902,688 won to the principal, and the remaining principal shall be 42,013,712 won to the remainder from June 30, 2020.
② Also, the above KRW 35,804,40 was first appropriated for damages for delay from July 1, 2020 to July 31, 2020, from July 31, 2020, for the above KRW 42,013,712 to KRW 0.06 X (31/365). The remainder KRW 35,590,303 was appropriated for the remainder of the principal, and the remainder of the principal around July 31, 2020 is KRW 6,423,409.
C. Ultimately, barring any special circumstance, the Defendant prescribed the Special Act on the Promotion of Legal Proceedings, etc. from August 1, 2020, the following day after the date of final repayment of the unpaid amount of KRW 6,423,409, and the following day after August 1, 2020, to which it is deemed reasonable for the Defendant to dispute as to the existence or scope of the obligation to perform in this case, until November 24, 2020, under the Commercial Act, and from the following day to the date of full payment.