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1. The Defendant shall pay to the Plaintiff KRW 21,730,159 and interest rate of KRW 15% per annum from August 4, 2018 to the date of complete payment.
Reasons
1. Basic facts
A. The Plaintiff and the Defendant are companies that sell the raw materials of feed.
B. Upon receiving the Defendant’s order, the Plaintiff supplied feed materials equivalent to KRW 21,730,159 from January 2018 to February 2018, and supplied as feed materials for the complete mixture feed operated by C according to the Defendant’s instructions.
C. C is above in accordance with the defendant's order
1.(b)
The defendant's trademark was attached and supplied to the defendant after processing the raw materials of the feed supplied as stated in the paragraph.
However, C’s employees consumed the above ingredients of feed supplied as above in the production of other products not ordered by the Defendant.
(hereinafter referred to as “instant accident”) D.
At the time of the occurrence of the instant accident, the Plaintiff received KRW 21,730,159 from the Defendant, and the Defendant received KRW 21,730,159 from C, respectively, in terms of compensation for damages arising from the consumption of the said feed.
[Ground of recognition] Facts without dispute, purport of whole pleading
2. According to the above facts finding as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff the amount of KRW 21,730,159 as raw materials for feed and delay damages calculated at the rate of 15% per annum from August 4, 2018 to the day of complete payment, which is the day following the delivery of the original copy of the instant payment order, to the day of full payment.
3. Judgment on the defendant's assertion
A. On March 2018, 2018, after the occurrence of the instant accident alleged by the Defendant, the Defendant did not have any obligation to pay the Plaintiff the amount of KRW 21,730,159 as raw materials for feed that the Defendant is obligated to pay to the Plaintiff. As such, the Defendant did not have any obligation to pay the said amount to the Plaintiff.
B. Article 454(1) of the Civil Act provides that “If a third party takes over an obligation by a contract with the obligor, it shall take effect upon the consent of the obligee.”