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1. The Defendant’s KRW 30,060,302 as well as 6% per annum from January 16, 2019 to June 19, 2019 to the Plaintiff.
Reasons
1. Facts of recognition;
A. The Plaintiff is a non-profit medical corporation engaged in the business of performing medical examination, such as molecular diagnosis of infectious diseases and various gene tests under the name of “C”. The Defendant is a non-profit medical corporation that operates D, which is an institution specialized in diagnostic tests, in the business of performing the entrusted inspection.
B. From February 2016, the Plaintiff had been re-entrusted with the part of clinical pathology tests entrusted by the Defendant from the Defendant to the Defendant from the hospital and hospital, and received service fees.
C. From February 1, 2016 to July 2018, the Plaintiff paid the Plaintiff KRW 1,231,590,900 in total as indicated in the “service payment” column of the attached Table (hereinafter “instant service payment”); and the Defendant paid the Plaintiff KRW 1,131,00,000 in total from July 1, 2016 to January 15, 2019, as indicated in the “payment” column of the attached Table.
(hereinafter “instant payment”). 【The ground for recognition” has no dispute, entry of Gap’s 1 through 5, the purport of the whole pleadings and arguments.
2. Determination
A. 1) The Plaintiff’s assertion on the claim for service payment was filed against the Defendant on the last day of each month. As such, the Defendant is obligated to pay 6% of the annual damages for delay as prescribed by the Commercial Act from the first day of each month following the date on which the Plaintiff claims the service payment on the service payment on the last day of each month. If the payment is appropriated in the order under Article 479(1) of the Civil Act, the payment in this case is preferentially appropriated for the damages for delay that occurred, and the principal amount is 100,590,90,000 won as of January 15, 2019, and the damages for delay that occurred at KRW 137,146,889, the total amount of KRW 36,55,989, and the damages for delay that occurred at 137,146,889, the Defendant is obligated to pay the service payment and the damages for delay on the ground of the claim to the Plaintiff, barring any special circumstances.