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1. The Defendant shall pay to the Plaintiff KRW 874,989,860 and the interest rate of KRW 15% per annum from April 15, 2016 to the date of full payment.
Reasons
1. Facts of recognition;
A. On April 9, 2013, the KSC CK CK Co., Ltd. (hereinafter “SKKK”) concluded a contract between the Plaintiff and the Plaintiff for the transfer of the business to the Plaintiff, and transferred 1,248,097,550 won of the outstanding amount of the purchase price of the goods arising from the product transaction between the Defendant and the KSCK’s drug transaction (hereinafter “existing outstanding amount of the purchase price”). On May 24, 2013, the KSC notified the Defendant of the transfer of the above claim.
B. From June 28, 2013 to September 2, 2014, the Plaintiff and the Defendant traded new goods and accordingly, accrued the outstanding amount (hereinafter “new outstanding outstanding amount”) out of the new amount of goods. The aggregate amount of the existing outstanding amount of outstanding amount of claims and new outstanding amount of claims is KRW 874,989,860 [685,262,220 [682,220 of the existing outstanding amount of outstanding amount of claims = the amount repaid by the Defendant after the instant lawsuit was filed, KRW 45 million - KRW 22,00,000,000 paid from the Defendant at the auction procedure after the instant lawsuit was filed + KRW 189,727,640] as at the time of the closing of argument in the instant case.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5 (including all branch numbers; hereinafter the same shall apply), Eul evidence Nos. 7 and 8, and the purport of the whole pleadings
2. According to the above facts of recognition as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff damages for delay at the rate of 15% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from April 15, 2016 to the date of delivery of the copy of the claim and the application for modification of the cause of the claim, as sought by the Plaintiff, except in extenuating circumstances.
3. Judgment on the defendant's assertion
A. As to the assertion of false declaration of conspiracy, the defendant is the amount equivalent to 12% of the existing outstanding amount receivable claims, which is the KSC.