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1. The Defendant: (a) KRW 42,600,000 for the Plaintiff and KRW 6% per annum from October 31, 2018 to January 14, 2019.
Reasons
The fact that the Defendant was supplied with the Republic of Korea from September 28, 2018 to October 30, 2018 by the Plaintiff that the amount equivalent to KRW 42,600,000 is not a dispute between the parties concerned.
Therefore, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff the amount of KRW 42,60,000 for goods and the damages for delay calculated at the rate of 6% per annum prescribed by the Commercial Act from October 31, 2018 to January 14, 2019, the delivery date of the application for payment order, and 15% per annum from the following day to the day of full payment.
In regard to this, the defendant asserts that the plaintiff, representative director C, filed a claim against the defendant for the price of goods identical to this case, and thus, it cannot respond to the plaintiff's claim. However, in full view of the purport of the whole argument in Gap's evidence No. 6, the defendant's claim is rejected since C's application for payment order against the defendant (U.S. District Court 2018Guj. 8476) filed against the defendant was withdrawn on January 9, 2019.
As a result, the plaintiff's claim is legitimate, and it is so decided as per Disposition.