1. The Defendant’s KRW 53,110,441 as well as the Plaintiff’s annual rate from February 1, 2017 to June 19, 2017.

The Plaintiff, from June 2014 to October 28, 2016, supplied the Defendant with the original intent necessary for the manufacture of both horses. However, the fact that the Plaintiff did not receive the price for the goods of KRW 53,10,41 up to the present date is not recognized as either Party A’s evidence 1, 2, Party A’s evidence 3-1 through 6, Party A’s evidence 6-1, 2, Party A’s evidence 6-1, 7, and 8, or there is no dispute between the parties.

Therefore, the Defendant is obligated to pay to the Plaintiff the amount of KRW 53,110,441 as well as damages for delay calculated at the rate of 5% per annum under the Civil Act and 15% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the following day to the date of full payment, as the Plaintiff seeks, from February 1, 2017 to June 19, 2017, where the Defendant was served with the duplicate of the instant complaint, as the Plaintiff seeks from February 1, 2017.

The defendant's assertion is alleged to the effect that the defendant paid 4,91,279 won out of the unpaid amount of goods by means of endorsement and delivery on the bill equivalent to the same amount. Thus, in full view of the whole purport of the arguments as to each of the items in Gap evidence Nos. 4-1 through 4, Gap evidence No. 5-1, and No. 5-4, the defendant issued four copies of the electronic bill and delivered 4,911,279 won to the defendant who is the payee. The defendant endorsed the above electronic bill and delivered the plaintiff with four copies of the electronic bill, and the above electronic bill No. 4 was rejected all due to the default of Pungjin Textiles Textiles Co., Ltd. which is the drawer.

However, when the debtor delivers a bill to the creditor with respect to the performance of the existing obligation, the intention of the party is to extinguish the existing cause obligation in lieu of the payment of the existing obligation, namely, the case where the debtor only seeks to maintain the existing cause obligation and to maintain the new cause obligation, and the case where the debtor delivers the existing obligation for payment as the method of payment for the existing obligation.