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1. The Defendant’s KRW 21,149,167 as well as the Plaintiff’s KRW 6% per annum from April 11, 2015 to October 22, 2015.
Reasons
1. The following facts of recognition do not conflict between the parties, or may be found in Gap evidence Nos. 1 to 6, Gap evidence No. 10, Eul evidence No. 1 and Eul evidence No. 3 (including each number), together with the purport of the whole pleadings:
The Plaintiff is a business operator who runs a patternless timber, timber wholesale and retail business, etc. under the trade name of “C” and the Defendant is a business operator who runs a household manufacturing business, etc. after registering his/her business under the trade name of “D” around May 14, 2012.
B. From July 7, 2012 to December 20, 2013, the Plaintiff supplied the Defendant with the total amount of KRW 110,172,650 (including value-added tax and penalty less than KRW 10,172,650).
C. Meanwhile, the Defendant: (a) KRW 8,000,000 on June 12, 2012; and (b) KRW 3,000,000 on August 1, 2012; and (c) the same year.
9. 4,00,000 won on April 29, 200, and 2,000,000 won on November 20, 201 of the same year, and 5,000,000 won on December 5, 200 of the same year, and 5,00,000 won on January 25, 2013; and
5. 3,00,000 won, and the same year; and
6. 8.4,00,000 won, and 3,000,000,000 won on November 27, 11 of the same year, and 10,000,000 won on January 29, 2014; and
4. Each transfer of KRW 3,000,000 has been made on May 7, 2013, and the same year has been made on May 7, 2013 at par value 8,00,000,000.
8. On November 8 of the same year, each electronic bill with face value of KRW 50,000,000 has been endorsed and transferred to make payments, and 20,000 among them has been returned from the Plaintiff again. On November 8 of the same year, the amount equivalent to KRW 1,023,483 out of the amount of goods has been paid to the Plaintiff in total by using a credit card and 89,023,483 won have been paid.
2. According to the above facts finding as to the cause of the claim, the Defendant is obligated to pay the remainder of the goods price of KRW 21,149,167 (i.e., KRW 110,172,650 - KRW 89,023,483) to the Plaintiff, barring any special circumstances.
The Plaintiff had registered a business operator with the trade name of “E” from around 2009 and supplied goods to F with the Defendant’s misleading who had been engaged in the furniture manufacturing business. On May 2012, the Defendant registered a business with the trade name of “D” at the same place of business as the above “E” and did not pay the Plaintiff the previous “E”.