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1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.
Reasons
1. The following facts can be acknowledged in full view of the entries in Gap evidence 1 to 4 and the purport of the whole pleadings.
From August 10, 2017 to September 21, 2017, the Plaintiff supplied F Co., Ltd. (hereinafter “F”) with 44,546,040 won of reinforced earth retaining wall block (hereinafter “instant block”) and F paid KRW 10,00,000, out of 44,546,040, to the Plaintiff on September 11, 2017.
B. After that, on May 5, 2018, the Plaintiff, F, and the Defendant drafted a bond transfer and takeover contract (hereinafter “instant contract”) under which the Defendant agreed to pay the Plaintiff the amount of unpaid goods worth KRW 34,546,040 (hereinafter “instant obligation”) related to the instant block supply to the Plaintiff, and the Defendant, on the same day, issued a certificate of the corporate seal impression issued to the Plaintiff on May 4, 2018.
C. On May 2018, the Defendant prepared and rendered to the Plaintiff a written confirmation of the balance (Evidence A2) that the Plaintiff would pay the instant debt by September 2018.
2. Determination:
A. According to the above facts, the plaintiff, F, and the defendant agreed to accept the debt of F in this case by the contract of this case, and the plaintiff agreed to accept the debt of F. Thus, the defendant is obligated to pay to the plaintiff damages for delay at each rate of 15% per annum under the Commercial Act from October 1, 2018, which is the date following the due date of payment of the debt of this case, to December 11, 2019, where it is deemed reasonable for the defendant to resist the existence of the obligation of this case and the scope of the obligation of the defendant, from October 1, 2018, to December 11, 2019, which is the date of the decision of this case, and from the following day to the date of full payment of the obligation of the plaintiff.
The Plaintiff is based on the ratio of 6% per annum as stipulated in the Commercial Act from September 22, 2017 to the service date of the original copy of the instant payment order from September 22, 2017, which is the day following the last supply date to F.