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1. The Defendant’s KRW 28,092,790 for the Plaintiff and the following day shall be 6% per annum from March 1, 2014 to May 8, 2014.
Reasons
1. Each of the facts below the determination as to the facts of recognition and the cause of the claim shall be admitted either in dispute between the parties or in Gap 1 to 6 (including the number number) by considering the whole purport of the pleadings.
A. The Plaintiff is a business entity that runs wholesale and retail business of textile textile (i.e., raw materials for clothing) with the trade name of “C,” and the Defendant is a business entity that runs a wholesale and retail business of clothing with the trade name of “D.”
B. Upon receiving an order from the Defendant to request the supply of the raw materials for clothing, the Plaintiff supplied the raw materials for clothing use equivalent to KRW 28,092,790 (hereinafter “instant raw materials”) four times from February 11, 2014 to February 25, 2014, and the Defendant issued a tax invoice to the Plaintiff.
According to the above facts, the defendant is obligated to pay to the plaintiff the amount of KRW 28,092,790 for the original unit of this case and damages for delay calculated at the rate of 6% per annum under the Commercial Act from March 1, 2014 to May 8, 2014 when the original copy of the payment order was served on the defendant from March 1, 2014 to the date of completion of the delivery of the original unit of this case, and 20% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment.
2. The judgment of the defendant on the defendant's assertion is a business entity that produces and supplies the clothing product to the orderer by means of OEM (OEM). The defendant ordered the manufacture and supply of the clothing product from the non-party Brazil Korea Co., Ltd. and ordered it to manufacture the ordered clothing product, which is the original supply company for clothing designated by the Brazil Korea Co., Ltd. in order to manufacture the ordered clothing product.
However, the Brazil Korea Co., Ltd. did not pay the price even after receiving the clothing product from the defendant, or cancelled its order on the date of payment of the clothing product originally agreed.