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1. The Defendant’s KRW 59,88,250 for the Plaintiff and KRW 6% per annum from April 29, 2017 to September 20, 2017.
Reasons
1. Basic facts
A. The plaintiff is a company whose purpose is to manufacture and sell internal and external materials for construction, and the defendant is a person who is engaged in the franchise and retail business in trade name.
B. The Plaintiff supplied the Defendant with paints and auxiliary materials for non-construction use from around 2013 to April 28, 2017. On the other hand, according to the trading ledger (Evidence A) as of April 28, 2017, the goods of KRW 68,000 (excluding surtax) that were supplied for the last supply on May 4, 2017 are stated as supplied on the same day. However, since the said amount is less than the total amount and the Defendant does not directly dispute it, the Plaintiff shall be arranged as alleged by the Plaintiff.
59,88,250 won or less have not been paid for the goods.
[Grounds for recognition] The items of evidence Nos. 1 and 2 and the purport of the whole pleadings
2. According to the above facts of determination, the Defendant is obligated to pay to the Plaintiff the amount of KRW 59,88,250 for the unpaid goods, and damages for delay calculated by the rate of 6% per annum under the Commercial Act from April 29, 2017 to September 20, 2017, which is the delivery date of the original copy of the instant payment order, and 15% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the date of full payment.
3. It is so decided as per Disposition by the assent of all participating Justices, on the ground that the plaintiff's claim of this case is reasonable.