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1. The Defendant’s KRW 31,127,50 for the Plaintiff and KRW 6% per annum from December 4, 2013 to August 22, 2014, and the following.
Reasons
1.The following facts may be acknowledged, either in dispute between the parties, or in full view of the respective entries and arguments set forth in Gap evidence 1 to 6:
From July 2013 to December 3, 2013, the Plaintiff supplied freezing fishery products, etc. to the luminous malute point, hiven point, hiversary point, and hiversary point of a limited liability company D, which is actually operated by the Defendant and his/her spouse C.
B. From December 3, 2013, the Plaintiff urged the Defendant and C to pay the outstanding amount related to the above supply price.
C. On April 21, 2014, the Plaintiff and the Defendant drafted a “written confirmation of the payment of the price of goods” to the effect that “as of April 17, 2014, the Plaintiff and the Defendant shall pay 115,038,500 won for the goods to be paid to the Plaintiff, jointly and severally, the Defendant and E shall be paid in twenty installments from May 25, 2014 to December 25, 2015. The Defendant and E, even once, lose the benefit of time if payment is delayed, and pay 20% delay damages per annum.”
(A) However, the Defendant did not pay the agreed amount to the Plaintiff on May 25, 2014, the first payment date of the said written confirmation, as agreed to the Plaintiff.
2. According to the above findings of determination, the defendant is obligated to pay to the plaintiff 31,127,50 won as part of the money stated in the above payment certificate, as well as damages for delay calculated at the rate of 6% per annum under the Commercial Act from December 4, 2013 to August 22, 2014, which is the delivery date of the above payment order, which is the day after the day after the date when the payment certificate was served to the plaintiff from December 4, 2013 to the day after the day after the date when the payment order was served, which is the delivery date of the above payment order.
3. The conclusion is that the plaintiff's claim is accepted on the grounds of its reasoning, and it is so decided as per Disposition.