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1. The Defendant’s KRW 230,258,394 as well as the Plaintiff’s KRW 20% per annum from January 15, 2015 to September 30, 2015.
Reasons
1. Basic facts
A. The Plaintiff is a juristic person established on July 28, 1998 for the purpose of producing and wholesale bricks, retail business, etc., and the Defendant is a juristic person established on January 15, 2013 for the purpose of manufacturing construction materials.
B. The Defendant supplied bricks from the Plaintiff and supplied them to the C Construction Site, etc., and the payment of bricks supplied by the Plaintiff from July 2013 to August 2014 is KRW 230,258,394.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 5, Eul evidence No. 5, the purport of the whole pleadings
2. Determination
A. According to the above facts finding as to the cause of the claim, the defendant is obligated to pay to the plaintiff the unpaid amount of KRW 230,258,394 and damages for delay calculated at the rate of 20% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from January 15, 2015 to September 30, 2015, which is the following day after the copy of the application for payment order was served to the defendant, as requested by the plaintiff, as the supply date of the unpaid amount of KRW 230,258,394, barring special circumstances.
Pursuant to Article 2 (2) of the Addenda to Article 3 (1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (Presidential Decree No. 26553) that was amended on September 25, 2015 and enforced on October 1, 2015, 20% per annum, which is the interest rate under the previous provisions, shall apply until September 30, 2015, and 15% per annum, which is the interest rate under the amended provisions, from October 1, 2015.
B. The judgment of the defendant's assertion is as follows: ① A, the representative director of the plaintiff, and the father of the defendant's representative director, shall establish the defendant and operate the brick manufacture and sale as a partnership business; D shall invest funds; E shall provide business power and technology; and accordingly, E actually operated the defendant; ② D sells the plaintiff's brick to the defendant; and ② D shall pay a brick when the defendant's management status becomes normal.