Text
1. The Defendant’s KRW 30,580,000 and its amount shall be 15% per annum from March 9, 2019 to May 31, 2019 to the Plaintiff.
Reasons
1. The Plaintiff: (a) determined the amount on July 9, 2018 as KRW 36,00,000 (excluding value-added tax, KRW 30% payment at the time of a contract, and the balance fixed settlement); (b) determined TIG mining processing; and (c) ordered ZG production, respectively, by determining the amount on July 10, 2018 as KRW 17,010,00 (excluding value-added tax, and KRW 100,000).
(hereinafter referred to as “instant contract”). On July 10, 2018, the Plaintiff paid the Defendant KRW 30,580,000 (including value-added tax) totaling KRW 11,880,000 (including value-added tax) and KRW 18,700,000 (including value-added tax) for ZIG production.
The Plaintiff and the Defendant set the first payment period for the processed mining products under the instant contract on July 26, 2018, and the Defendant failed to deliver them on the first payment date.
Accordingly, although the payment period was extended twice (by August 2, 2018, by August 10, 2018) by the Plaintiff, the Defendant failed to observe the payment period due to the processed amount.
On August 20, 2018 and January 25, 2019, the Plaintiff notified the Defendant of the cancellation of the instant contract on the grounds of delay and processing in the payment period.
[Ground of recognition] Facts without dispute, Gap 1, 2, 3, 8-1, 8-2, 9, 10, 11, the purport of the whole pleadings
2. Determination
A. According to the above facts of recognition as to the cause of the claim, the contract of this case was lawfully rescinded by the plaintiff's notice of termination of contract due to delay of the payment period and non-processing failure of the defendant.
Therefore, the Defendant is obligated to pay the Plaintiff the amount of KRW 30,580,000 paid by the Plaintiff and the damages for delay calculated at the rate of 15% per annum from March 9, 2019 to May 31, 2019, which is the day following the delivery date of the written complaint filed by the Plaintiff, and 12% per annum from the next day to the day of full payment.
In accordance with the main sentence of Article 3(1) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, which was amended and promulgated by Presidential Decree No. 29768 on May 21, 2019 and enforced on June 1, 2019, the statutory interest rate from June 1, 2019 shall be the year.