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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
Reasons
1. Determination as to the cause of claim
가. 인정사실 1) 원고는 2014. 11. 30. 2회에 걸쳐 피고와 사이에 모리스퀼팅점퍼(이하 ‘이 사건 점퍼’라 한다
(2) Of Chapter 8,00, the Defendant did not supply Belgium and denied the fact that the contract was concluded with the Plaintiff, and the Plaintiff supplied the remainder to the Defendant. The Plaintiff supplied 30,800 won per unit price.
(3) On January 9, 2015, the Plaintiff received from the Defendant a sum of KRW 80,00,000,000 from the Defendant (a total of KRW 50,000,00,000,000, which is the sum of KRW 1,22,000,000,000 from the Defendant, and KRW 8,00,000,00,00,000, which is the wind used for other products ordered by the Defendant at the Defendant’s request. [The fact that there is no dispute over recognition, 1, 3 evidence 1, 2, A, 2, 4, 5, and 10 evidence , testimony of Party A, witness of the trial, and the purport of the entire pleadings.
B. According to the above facts of recognition, the defendant is obligated to pay 166,40,000 won [246,40,000 won (Chapter 8,000 x 30,800 won) -80,000 won] and damages for delay calculated at the rate of 20% per annum from May 22, 2015 (the day following the day on which the copy of the complaint of this case was served to the defendant) to September 30, 2015, which the plaintiff seeks after the due date for the payment of the full-time processing costs, pursuant to the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, etc. from the day after the due date for the payment of the full-time processing costs, to the day after the due date for the payment of the full-time processing costs.
As to KRW 166,400,00, the Plaintiff claimed for the payment of damages for delay calculated at a rate of 20% per annum from the day following the delivery of a copy of the instant complaint to the day of full payment. However, the rate of delay interest under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings has been reduced from October 1, 2015 to 15% per annum, and thus, the above recognition limit exceeds the above recognition limit.