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1. As to the Plaintiff’s KRW 467,618,80 and KRW 177,320,00 among them, the Defendant shall pay to the Plaintiff KRW 467,618,80 from November 15, 2019, and KRW 290,298,800.
Reasons
1. Facts of recognition;
A. From January 25, 2019 to October 25, 2019, the Plaintiff supplied the Defendant with machinery parts, such as Boon K-250 tons, and on October 31, 2019, the amount of the goods unpaid by the Defendant as of October 31, 2019 was KRW 397,320,000.
B. The Plaintiff received reimbursement of KRW 220 million in total from the Defendant, including KRW 130 million on November 18, 2019, KRW 70 million on the 29th of the same month, KRW 20 million on December 6, 2019, and KRW 20 million on December 6, 2019.
C. Meanwhile, on the other hand, the Plaintiff additionally supplied the Defendant with mechanical parts equivalent to KRW 290,298,800 in total, including KRW 13,805,00 on November 25, 2019 and KRW 276,493,80 on December 16, 2019.
[Ground of recognition] Unsatisfy, entry of Gap evidence 2 through 5 (including each number in the case of additional number), the purport of the whole pleadings
2. Determination
A. According to the above facts, with respect to KRW 467,618,80 and KRW 397,320,000, which the Defendant sought from the Defendant for the payment of KRW 2200,000,000 from the Defendant’s complaint of this case, and the remainder of KRW 177,320,00,000, the Defendant is obligated to pay the Plaintiff the remainder of KRW 290,298,80 from November 15, 2019 following the delivery of a copy of the complaint of this case from November 23, 2020; and with respect to KRW 290,298,80,00 from March 27, 2020 following the delivery of a copy of the application for change of the purport of this case and the cause of the claim, to the extent of the Defendant’s obligation to pay the damages for delay calculated annually from the date of the judgment of this case until July 15, 2020.
B. While the Plaintiff asserts that the due date for the payment of the instant goods is the last day of the month that supplied the machinery parts immediately or the machinery parts, there is no evidence to prove the Plaintiff’s above assertion, the Plaintiff’s delivery of a copy of the complaint, claim, and claim cause subsequent to the Plaintiff’s claim filed through the instant lawsuit