1. The Defendant’s KRW 22,167,00 for the Plaintiff and KRW 5% per annum from November 2, 2018 to January 16, 2020 for the Plaintiff.

1. Facts of recognition;

A. The Plaintiff, who is engaged in the manufacturing business within the trade name of “C”, was manufactured and supplied as raw materials provided by the Defendant in accordance with the Defendant’s order in 2015.

B. Around June 2017, the Plaintiff received a request from the Defendant for the production of 20,000 hybrids (name D; hereinafter “instant goods”) from the Defendant to KRW 1,500 per opening (excluding value-added tax).

C. Around September 25, 2017, the Plaintiff completed the production of approximately 20,000 goods of this case, but the Defendant accepted 5,000 goods of this case from the Plaintiff that should be around August 8, 2019 during the instant lawsuit.

The plaintiff is in custody of 13,402 goods after the defendant's 5,000 acceptance of the goods of this case. Among them, 422 goods are in the state of being partially attached.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 4, the purport of the whole pleadings

2. The cause of the claim and the judgment thereof

A. The Plaintiff, which caused the instant claim, received KRW 33,00,000 (=20,000 x 1,500 x 1,500 x 0.1 value-added tax) from the Defendant. However, the Plaintiff received only KRW 7,50,00 among them, and accordingly, claimed the remainder of KRW 25,50,000 (=33,000,000-7,500-7,000) and damages for delay from September 2, 2017 to the day of full payment, which is the day following the date of issuance of a transaction statement.

B. According to the above facts, when the judgment creditor is unable to obtain performance or fails to obtain performance, the plaintiff is liable for delay from the time of providing performance (Article 400 of the Civil Act). According to the above facts, at the time of applying for the payment order of this case, the plaintiff completed the production of 17,980 finished goods of this case (13,400 finished goods accepted by the plaintiff (13,402 finished goods) and provided the delivery to the defendant. Thus, the defendant is determined to have provided the delivery to the defendant, barring any special circumstances, 22,167,00 won (=17,980 x 1,500 won) out of the discretionary processing amount to the plaintiff.