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1. Defendant A’s KRW 33,080,974 for the Plaintiff and KRW 6% per annum from November 2, 2014 to September 18, 2017.
Reasons
1. Basic facts
A. The plaintiff is a company with the purpose of steel materials, brine wholesale and retail business, etc., and the defendant A is a person engaged in the construction business of brine and ducte with the trade name of "C", and the defendant B is the husband of the defendant A.
B. Upon receiving a request from Defendant A for the supply of goods, the Plaintiff had traded goods with Defendant A until November 1, 2014. As of November 1, 2014, the Plaintiff was not paid the price for goods of KRW 33,380,974 (hereinafter “the price for the instant goods”).
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3-1, 2, Eul evidence 4 and the purport of the whole pleadings
2. Determination
A. According to the above facts, Defendant A is obligated to pay to the Plaintiff damages for delay calculated at a rate of 15% per annum under the Commercial Act from November 2, 2014 to September 18, 2017, the delivery date of a copy of the complaint of this case, and 33,080,974 won, which is calculated by deducting 300,000 won, the Plaintiff was paid by the said Defendant on September 12, 2017, among 33,380,974 won for the goods of this case, and the damages for delay calculated at a rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, etc., from the following day to the date of full payment. 2) Defendant A’s claim for the extinction of prescription and its determination on the amount of the above goods sold by Defendant A before July 2, 2014.
The extinctive prescription of credit payment claims arising from a continuous goods supply contract shall not be calculated in a lump sum on the total amount of credit payment from the date of termination of the transaction, and the extinctive prescription shall not be calculated in a lump sum on the total amount of credit payment from the date of termination of the transaction, unless there are special circumstances. However, if there was any act of confirming the amount of credit payment or paying part of the confirmed amount, etc. for each individual transaction, it shall be approved for the amount of credit payment.