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1. The Defendant shall pay to the Plaintiff KRW 211,750,000 and the interest rate of KRW 15% per annum from March 17, 2018 to the date of full payment.
Reasons
1. Comprehensively taking account of the overall purport of the pleadings as to the cause of the claim Gap's evidence Nos. 1 and 2, and Eul evidence Nos. 1 and the purport of the entire pleadings, the plaintiff, around 2015, agreed upon between the defendant and the defendant to settle the price of the goods if the goods were to be supplied to the defendant's enterprise located in Thailand operated by the defendant Eul, and the price of the goods supplied by the plaintiff from August 31, 2015 to October 30 of the same year is KRW 287,40,000. The defendant paid only KRW 75,650,000 to the plaintiff on July 4, 2017. The defendant agreed that all of the above goods shall be repaid to the plaintiff on June 29, 2017.
According to the above facts of recognition, the Defendant is obligated to pay the Plaintiff the amount of KRW 211,750,000 (=287,40,000 - 75,650,000) and damages for delay calculated at the rate of 15% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from March 17, 2018 to the date of full payment, which is the day following the delivery of a copy of the complaint of this case sought by the Plaintiff after the due date.
2. The defendant's argument regarding the defendant's assertion was that the plaintiff set up a right to collateral security on the land of Namyang-si in order to secure the above goods payment obligation, and the plaintiff applied for a voluntary auction on the land above. The plaintiff asserts that the claim of this case cannot be complied with as there is a risk
However, insofar as there is no evidence that the Plaintiff received the payment of the above goods through the above auction procedure, the Defendant cannot oppose the Plaintiff solely on the ground that the auction case is under way.
Therefore, the defendant's argument is without merit.
3. It is so decided as per Disposition by the assent of all participating Justices, on the ground that the plaintiff's claim of this case is reasonable.