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1. The Defendant shall pay to the Plaintiff KRW 32,485,750 and the interest rate of KRW 15% per annum from April 14, 2018 to the date of complete payment.
Reasons
1. Basic facts
A. The Plaintiff is a company that runs a wholesale and retail business.
B. In accordance with the Defendant’s order that the Plaintiff came to know of C’s introduction, the Plaintiff delivered 12,150 km (hereinafter “instant original death”) to D as ordered by the Defendant during the period from August 21, 2017 to September 6, 2017, and was not paid KRW 32,485,750 out of the original death amount.
[Ground of recognition] Facts without dispute, Gap evidence 2-1 to 7, witness E's testimony, purport of whole pleadings
2. The assertion and judgment
A. The plaintiff's assertion concluded a sales contract with the defendant for the original death of this case and delivered the above original death accordingly, so the defendant is obligated to pay 32,485,750 won and delay damages payable to the plaintiff.
B. The defendant's assertion that the plaintiff requested the plaintiff to sell the original work upon the request of E that the original work would be smooth, but since the sales contract of the original work of this case was concluded between the plaintiff and E, the defendant's obligation to pay the purchase price cannot be acknowledged.
C. Determination 1) We examine who is the purchaser of the instant supply contract. According to each of the certificates of evidence Nos. 1, 3, 4, 1, and 4, the Plaintiff issued E electronic tax invoices in the future, and E is delivered KRW 40 million to the Plaintiff around August 2017. After the date of payment, the Plaintiff filed a claim against E and the endorsers of the said bill as the final holder of the said bill around 2018 (this Court Decision 2018No. 2028). However, in light of the following circumstances, the Plaintiff’s winning judgment in the instant case is acknowledged: (a) the Plaintiff issued E electronic tax invoices in the future; and (b) E delivers the bill of exchange amounting to KRW 40,00,000 issued by the F in the Bank of Korea, around August 2017; and (c) upon the refusal of payment at the due date, the Plaintiff filed a claim against E and the endorser of the said bill (this Court Decision 2018No2028).