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1. The Defendant’s KRW 162,522,060 for the Plaintiff and its related KRW 6% per annum from March 1, 2019 to May 1, 2019, and from May 2, 2019.
Reasons
1. Comprehensively taking account of the overall purport of the pleadings in each of the statements in Gap evidence Nos. 1 through 6 (including branch numbers if there are serial numbers) as to the cause of the claim, the fact that the plaintiff engaged in the business of producing and selling electronic parts supplied electronic parts, such as cables, to the defendant who conducts the business of semiconductor manufacturing from January 31, 2018 to February 28, 2019, totaling KRW 190,089,79,790, and total sum of the price for the cable, etc. supplied by the plaintiff, and the defendant paid KRW 27,567,730 as part of the price for the goods, and the plaintiff issued a tax invoice to the defendant on February 28, 2019, which is the date of the last supply of parts.
According to the above facts, the defendant is obligated to pay to the plaintiff 162,522,060 won with 190,089,790 won - 27,567,730 won from March 1, 2019 to May 1, 2019, the delivery date of a copy of the complaint in this case from March 1, 2019, which is the day following the date of the plaintiff's claim for payment, 6% per annum under the Commercial Act, and to pay damages for delay at the statutory rate of 15% per annum under the main sentence of Article 3 (1) of the former Act on Special Cases Concerning Expedition, etc. of Legal Proceedings and the former Act on Special Cases Concerning Expedition, etc. of Legal Proceedings until May 31, 2019 (wholly amended by Presidential Decree No. 29768, May 21, 201).
Meanwhile, the Plaintiff seek for the payment of damages for delay calculated at the rate of 15% per annum for the period after June 1, 2019.
However, pursuant to the main sentence of Article 3(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (wholly amended by Presidential Decree No. 29768, May 21, 2019 and enforced June 1, 2019) and Article 2(2) of the Addenda, the statutory interest rate under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings was 12% per annum from June 1, 2019.
Therefore, June 1, 2019.