1. The Defendant’s KRW 96,682,063 as well as the Plaintiff’s KRW 20% per annum from March 19, 2015 to September 30, 2015.

Facts of recognition

The defendant is a company producing non-product, etc. using agricultural products as materials, and the plaintiff operates a non-product manufacturing and selling company with the trade name of "C".

The Plaintiff sold materials and paintings necessary for the manufacture of a single site to the Defendant, and traded them with the Defendant by being supplied with cut food, such as a single site, from the Defendant.

On June 28, 2012, the Plaintiff paid KRW 50 million as an advance payment to D who is the actual operator of the Defendant.

From July 12, 2012 to October 4, 2013, the Plaintiff sold to the Defendant products equivalent to KRW 243,740,570, totaling of KRW 243,740,570, such as ice World Cup, cremation site, fresh, sourine, scarin, ice acid, ice acid, and other materials, which are non-finite raw materials, among non-finite raw materials.

[Grounds for recognition] Gap, 2-1-2-8, 3, 4, 5-1, 5-2, 6, 7-1, 7-2, 8-1-8, 9-1-8, 9-1-9-1 or 9-10, 10-3, 11, 12, 13-1, 13-2, 14, 15, 16-1, and 16-2, respectively, and the purport of the whole arguments.

Judgment

On the other hand, from May 31, 2012 to March 1, 2014, the Plaintiff is a person who received some of the above sales proceeds from the Defendant as a partial payment.

According to the facts found above, the defendant is obligated to pay to the plaintiff 96,682,063 won for the remaining goods (i.e., KRW 243,740,570 - KRW 147,058,507) and damages for delay calculated at the rate of 20% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings before Amendment from March 19, 2015 to September 30, 2015, as the date following the delivery date of a copy of the complaint of this case, as the plaintiff seeks.

The Plaintiff claimed 20% interest per annum from the day after the delivery date of the duplicate of the instant complaint to the day of complete payment. However, as the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings amended as of October 1, 2015, the Plaintiff applied the rate of 15% per annum from October 1, 2015.