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1. The Defendant (Counterclaim Plaintiff) paid KRW 47,805,200 to the Plaintiff (Counterclaim Defendant) and its related amount from April 16, 2015 to September 30, 2015.
Reasons
1. Facts of recognition;
A. Since 2005, the Plaintiff supplied various guidanceal agents ( refining, sprinking, etc.) to the Defendant, a company engaged in manufacturing, wholesale and retail business, etc.
B. From March 2015, the Defendant was supplied with refined (including value-added tax) products, etc. from the Plaintiff (including 62,805,200 won of the goods unpaid as of March 15, 2015) by unclaimed goods, etc.
C. Nevertheless, despite the Plaintiff’s repeated demand, the Defendant did not pay the price for the goods except for the payment of KRW 15 million on March 23, 2015.
[Ground of recognition] The fact that there has been no dispute, Gap's 1 through 10 evidence, Eul's 1 and 2 evidence (including each number), the purport of the whole pleadings
2. Determination as to the claim on the principal lawsuit
A. According to the above facts finding as to the cause of the claim, the Defendant is obligated to pay the remainder of the goods that the Plaintiff did not pay to the Plaintiff, barring any special circumstances, at 47,805,200 won (=62,805,200-1,5 million won) and the damages for delay at the rate of 20% per annum from April 16, 2015 to September 30, 2015, which is the following day after the copy of the complaint in this case was served on the Defendant, and at 15% per annum from the next day to the day of full payment.
(B) Pursuant to the provisions of Article 3(1) main text of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, Etc., enacted by Presidential Decree No. 26553, Sept. 25, 2015, the interest rate for delay calculated at the rate of 15% per annum from October 1, 2015 to the date of full payment shall be recognized, and any claim in excess thereof shall not be accepted).
The main point of the Defendant’s argument is that the Plaintiff received from the Plaintiff about 30% of the main ingredients, such as polyethylene glycol, and DR-7.