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1. The Defendant’s KRW 758,740,540 as well as the Plaintiff’s annual rate of KRW 6% from December 1, 2018 to January 17, 2019.
Reasons
1. Facts of recognition;
A. The Plaintiff is a company engaging in manufacturing and wholesale sales business with respect to the items of “observer printing, light printing, screen printing, screen printing, marketing promotions, etc.,” and the Defendant is a company engaging in manufacturing and wholesale sales business with respect to the items of “cosmetic processing and packaging, Masck market manufacture, etc.”
B. From March 31, 2017 to October 25, 2018, the Plaintiff supplied the Defendant with cosmetics, such as Macact, and received the price of goods from the Defendant. As a result of the settlement based on November 30, 2018, the remainder of the price of goods that the Defendant is obligated to pay to the Plaintiff was KRW 758,740,540.
[Based on recognition] Entry of Gap evidence Nos. 1 through 3 (including branch numbers), the purport of the whole pleadings
2. Determination
A. According to the facts found in the judgment on the cause of the claim, the defendant is obligated to pay to the plaintiff 758,740,540 won in the balance of the price of the goods and damages for delay calculated at the rate of 15% per annum as stipulated in the Commercial Act from December 1, 2018 to January 17, 2019, the delivery date of a copy of the complaint in this case, from the date following the day when the plaintiff supplied the goods to the defendant, to May 31, 2019, and from the following day to May 31, 2019, 15% per annum as stipulated in the main sentence of Article 3(1) of the former Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (wholly amended by Presidential Decree No. 29768, May 21, 2019) and from the next day to the day of full payment.
B. The defendant's argument that the defendant's judgment on the defendant's assertion was defective in the Macc Co., Ltd. supplied by the plaintiff, and that the damage occurred to the defendant, and therefore the damage suffered by the defendant should be deducted from the price of the goods that the defendant should pay. However, the evidence submitted by the defendant alone is supplied by the plaintiff to the defendant.