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1. Defendant A’s ratio of KRW 88,414,715 to KRW 15% per annum from October 14, 2016 to the full payment day.
Reasons
1. Facts of recognition;
A. C is a person who engages in textile product manufacturing business under the trade name of “D”, and Defendant A is a person who engages in textile business under the trade name of “E”.
B. While C and Defendant A continued the original supply transaction, C established the Plaintiff on February 1, 2013, and the Plaintiff continued the said transaction after succeeding the status of the party to the transaction.
C. As of January 31, 2016, the Plaintiff’s claim amount for the amount of goods against Defendant A is KRW 88,414,715.
[Reasons for Recognition] Uncontentious Facts, Gap evidence Nos. 1 through 3, 4 and 6, and the purport of oral argument
2. The assertion and judgment
A. (1) According to the above facts, Defendant A is liable to pay the Plaintiff the unpaid amount of KRW 88,414,715, and damages for delay at the rate of 15% per annum from October 14, 2016 to the date following the delivery of the copy of the complaint in this case, to the date of full payment, barring any special circumstances.
(2) The above defendant asserts that the defendant did not agree to the succession of the transaction status of C and the plaintiff in succession to the transaction status of C from January 31, 2016 to the delivery date of the copy of the complaint of this case, but this part of the claim is not accepted. (2) The above defendant asserted that C and the original transaction of C and C were due to default, and that the plaintiff did not agree to the succession of the transaction status of C. However, the above defendant's statement that "the defendant was requested to newly establish the corporation under the name of C and the future transaction account book was made, and the above defendant was judged to have no problem and continued to be carried forward to the plaintiff." The plaintiff succeeded to the transaction status of C as the supplier, but it is contrary to the truth and does not seem to have been due to the above defendant's mistake, and thus the above defendant's argument is not accepted.
(3) The above defendant shall pay for the arrears of C.