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1. The Defendant’s KRW 54,687,163 as well as the Plaintiff’s annual rate from August 7, 2018 to January 10, 2019.
Reasons
1. Basic facts
A. B Co., Ltd. (hereinafter “B”) between the Defendant and B
(1) Around August 2014, the Defendant had KRW 427,483,553 of the Goods Price Claim (hereinafter “C”) as of October 19, 2014, which was due for the supply of automobile parts to the Defendant. However, the said claim C (hereinafter “C”).
(2) Around September 19, 2014, the Defendant notified the Defendant of the transfer on September 17, 2014, and around September 2014, the payment period for the supply of automobile parts to the Defendant is KRW 184,485,930 (hereinafter “instant goods payment claim”) with respect to the goods payment claim of November 19, 2014 (hereinafter “instant goods payment claim”).
(2) As to the money to be repaid to C due to the assignment of claims to B as above, the Defendant paid it to B by mistake on October 20, 2014, and filed a lawsuit claiming restitution of unjust enrichment against B, Suwon District Court Decision 2015Gahap924, Suwon District Court Decision 2015Gahap924, to return it.
On September 9, 2015, the above court rendered a judgment that “B shall pay to the Defendant 427,483,553 won and interest thereon at the rate of 5% per annum from October 21, 2014 to May 23, 2015, and 20% per annum from the next day to the day of full payment.” The above judgment became final and conclusive around that time.
(3) On October 24, 2014, the Defendant sent to B a notice to the effect that “the Defendant’s claim for return of unjust enrichment and the claim for the price of goods in the instant case (hereinafter “in the following”) are offset against an equal amount, and all the Defendant’s claim against B was extinguished due to the foregoing offset,” and the notice reached B on October 27, 2014. The Defendant was unable to receive part of the Defendant’s claim for return of unjust enrichment, and the Defendant did not receive part of the Defendant’s claim for return of unjust enrichment, as Suwon District Court Decision 2015Ma22834, the Defendant’s claim for return of unjust enrichment was KRW 310,493,235, out of the claim for the price of goods in the instant case.”