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1. The Defendant: (a) KRW 32,462,00 for the Plaintiff and its related KRW 15% per annum from January 19, 2019 to May 31, 2019; and (b) June 1, 2019.
Reasons
1. Facts of recognition;
A. From around 2010 to C, the Plaintiff died on September 2016 while supplying t lease to C.
B. The Defendant continued to engage in sales business, such as the bed, which was carried on by Sam Village C with the Plaintiff’s delivery of bit lease, and received bit lease from the Plaintiff, and the amount that was attempted as of December 27, 2018 was KRW 32,462,00.
[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 3-1 and 4, 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 32,462,00 won for each interest rate of 15% per annum from January 19, 2019 to May 31, 2019 and 12% per annum from the next day to the day of full payment, as requested by the plaintiff, as the delivery date of a copy of the complaint of this case, as sought by the plaintiff.
B. As to the Defendant’s assertion, the Defendant exempted the Plaintiff from attempted payment of KRW 46,07,00 up to September 11, 2016, which was up to the time when C was dead, while commencing transactions with the Defendant, and paid KRW 16,269,00 to the Plaintiff at will. Thus, the Defendant asserted that the said money should be deducted from the attempted payment claimed by the Plaintiff, but the evidence submitted by the Defendant, such as the statement of the evidence Nos. 3-3, 6, and 7, is insufficient to acknowledge the fact of exemption from the Defendant’s obligation. Accordingly, this part of the allegation is rejected.
3. The plaintiff's claim is justified within the scope of the above recognition, and the remaining claims are dismissed as it is without merit. It is so decided as per Disposition by applying the proviso of Article 101 of the Civil Procedure Act to the burden of litigation costs.