1. The Defendant’s KRW 44,679,623 as well as the Plaintiff’s KRW 5% per annum from February 26, 2015 to November 26, 2016.

1. Facts of recognition;

A. The Plaintiff is a company running agriculture, water, livestock products processing, wholesale and retail business, etc.. The Defendant is a company running food wholesale and retail business, etc., and the Plaintiff entered into a product supply contract with the Defendant on June 25, 2014 (hereinafter “instant supply contract”) and supplied food materials, etc. to the Amkick Co., Ltd. (hereinafter “Skick Co., Ltd.”) that the Defendant vicariously entered into a contract with the Defendant during the period from July 3, 2014 to February 2, 2015, to operate the business.

B. In the instant supply contract, the price for the food materials supplied from the 1st to the 15th day of each month was agreed to be paid by the 25th day of each month, and the price for the food materials supplied from the 16th day of each month to the 10th day of the following month.

§ 7(2)(c).

The total price of the food materials supplied by the Plaintiff to each of the above stores for the above periods is KRW 90,879,623, or the Defendant paid KRW 46,20,000 among them, and the remaining price remains as the outstanding amount is KRW 44,679,623.

[Ground of recognition] Evidence Nos. 1 through 5, Evidence Nos. 8 through 10, Evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination on the cause of the claim

A. According to the facts found by the Defendant’s obligation to pay food materials, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff the remaining amount of KRW 44,679,623 of the instant food materials and the damages for delay calculated at each rate of 15% per annum under the Civil Act, which is stipulated in the record, from February 26, 2015 to November 26, 2016, it is evident that it is the delivery date of a copy of the instant complaint from February 26, 2015, which is the day following the due date of the final settlement of the instant food materials, to the Plaintiff, barring any special circumstance. As such, the Plaintiff is obligated to pay damages for delay calculated from August 1, 2014 to the date of payment.

B. The plaintiff and the non-party company regarding the defendant's argument