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The part against the plaintiff falling under the amount ordered to be paid under the judgment of the first instance shall be revoked.
The defendant.
Reasons
In fact, on July 2018 and August 2018, 2018, the Plaintiff supplied KRW 2,915,00 with KRW 2,90, G20, a medical product, to Siri-si C and D, E, which is operated by the Defendant, to Siri-si and D, and did not receive the price.
[Based on recognition] Each statement of Gap evidence Nos. 1 through 8 (including the number of branches), the fact-finding response results to the public health clinic at the time of Sinsi-si, and the purport of the whole argument
2. According to the above facts of determination, the defendant is obligated to pay to the plaintiff 2,915,000 won for the supply of goods and delay damages calculated at the rate of 12% per annum from July 24, 2019 to the day of full payment, as requested by the plaintiff, following the delivery of a copy of the complaint in this case.
[Plaintiff’s claim for the payment of damages for delay calculated at the rate of 15% per annum under the main sentence of Article 3 (1) of the former Act on Special Cases Concerning Expedition, etc. of Legal Proceedings (amended by Presidential Decree No. 29768, May 21, 2019). However, in this case where the first instance court’s pleading has not been concluded at the time of enforcement of the above provision pursuant to Article 2 (2) of the Addenda to Article 3 (1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings, the statutory interest rate for damages for delay incurred after June 1, 2019 shall be 12% per annum under the above provision. Thus, the part exceeding the above recognition shall not be accepted.
The judgment of the court of first instance is unfair on the grounds that it is partially accepted the plaintiff's appeal, and the part against the plaintiff corresponding to the above recognition amount is revoked, and the payment of the above recognition amount is ordered against the defendant, and the remaining appeal of the plaintiff is dismissed as it is so decided as per Disposition.