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1. The Defendant’s KRW 53,506,192 as well as the Plaintiff’s KRW 6% per annum from January 1, 2015 to May 11, 2016.
Reasons
1. Basic facts
A. The Plaintiff is a stock company with the purpose of manufacturing and selling alcoholic beverages, and the Defendant is a limited company with the purpose of selling alcoholic beverages, etc.
B. Around October 2012, the Plaintiff: (a) lent KRW 100,000,000 to the Defendant, who is the representative director of the Defendant; and (b) KRW 2,800,000 each month from November 30, 2012 to October 31, 2015, respectively (2,00,000 each month as of October 31, 2015, which is the final repayment date); (b) entered into an agreement with the Defendant on the terms that the said installment shall be repaid at once, and (c) transferred the said installment to the Defendant’s deposit account in the Defendant’s name as of November 26, 2012, plus KRW 50,000 each month from October 30 to October 31, 2015.
C. Thereafter, from November 30, 201 to November 28, 2014, the sum of KRW 2,800,000 per month was transferred from the last day of each month to the deposit account in the name of the Plaintiff from November 30, 2012 to November 28, 2014.
On December 11, 2014 through December 26, 2014, the Plaintiff supplied the Defendant with alcoholic beverage products equivalent to KRW 23,506,192 in total on four occasions, subject to the payment of the price on the 15th and 30th day of each month.
【Ground of recognition】 The facts without dispute as to Gap’s evidence 1-1, 2, 2-1 through 25, Gap’s evidence 4, and Gap’s evidence 5-1 through 4, and the purport of the whole pleadings
2. According to the above facts of determination as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff the remainder of the loan and the total amount of goods plus KRW 53,506,192 (= KRW 23,506,192) (i.e., KRW 30,00,000) and damages for delay calculated at the rate of 6% per annum as prescribed by the Commercial Act from January 1, 2015 to May 4, 2016, which is the delivery date of the copy of the application for modification of the purport of the claim from May 11, 2016, and from the next day to the day of full payment, 15% per annum as stipulated by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, barring any special circumstances.
3. Judgment on the defendant's assertion
(a)on the first day;