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1. The Defendant’s KRW 50,000,000 and the Plaintiff’s annual rate of KRW 6% from July 4, 2019 to April 20, 2020.
Reasons
1. Facts of recognition;
A. Upon receiving the Defendant’s request, the Plaintiff supplied the Defendant with the instant goods from December 2, 2012 to November 2017, 201, at the request of the Defendant, the sales team and fish goods (hereinafter “instant goods”).
B. On January 23, 2018, the Defendant: “The amount of the instant goods remaining without being repaid to the Plaintiff is KRW 146,00,000; KRW 80,000 on January 23, 2018; KRW 13,00,000 on March 31, 2018; KRW 14,00,000 on March 31, 2018; and KRW 36,00,000 on April 15, 2018; the Defendant promised to pay the remainder of KRW 16,00,000 in accordance with the following conditions; and each of the said payments shall be held liable for all the public, and criminal liability” (hereinafter “instant payment note”).
C. However, the Defendant paid only KRW 80 million on the instant payment note to the Plaintiff, but did not pay KRW 50 million agreed on the second and third-lanes.
[Evidence Evidence: Descriptions of Evidence Nos. 1 through 6 and the purport of the whole pleadings]
2. Judgment on the parties' arguments
A. According to the above facts, the defendant is obligated to pay damages for delay calculated at the rate of 6% per annum as stipulated in the Commercial Act from July 4, 2019 to April 20, 2020, the delivery date of the original copy of the instant payment order sought by the plaintiff concerning the remaining KRW 50,000 among the agreed goods under the instant payment note, and the payment for delay calculated at the rate of 12% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment. (B) The defendant asserts as follows.
In other words, the Defendant paid to the Plaintiff the amount of credit goods up to July 31, 2017, and the amount of credit goods up to August 1, 2017 is KRW 23,765,957 on January 23, 2018, and KRW 23,765,957 on February 9, 2018.