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The defendant shall pay to the plaintiff 494,847,318 won and the interest rate of 12% per annum from June 26, 2020 to the day of complete payment.
Reasons
1. Basic facts
A. The Plaintiff is a legal entity that manufactures a prefabricated-type panel, etc., and the Defendant is a person who supplies goods from manufacturers of a prefabricated-type panel with the trade name of “C” and operates a wholesale and retail business of prefabricated-type construction materials.
B. From January 2018 to May 29, 2020, the Plaintiff supplied the Defendant with goods, such as assembly-type plates equivalent to KRW 544,847,318. The Defendant paid only KRW 50,000 among them on June 1, 2020, and did not pay the remainder of KRW 494,847,318.
[Reasons for Recognition] Presumption of Confession (Article 150 Paragraph (1) of the Civil Procedure Act) / [The defendant submitted an objection to the payment order on July 3, 2020, and did not give any answer to the facts alleged by the plaintiff as the cause of the claim. Since the defendant and his agent did not give any reply to the plaintiff's assertion, it is deemed that the defendant does not clearly dispute the plaintiff's assertion (see Supreme Court Decision 89Da4045 delivered on July 25, 1989)]
2. According to the above facts finding as to the cause of the claim, the defendant is obligated to pay to the plaintiff the remaining amount of KRW 494,847,318 (=544,837,318 - 50,000) and damages for delay calculated at the rate of 12% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from June 26, 2020 to the date of full payment after the date of supplying the goods.
3. In conclusion, the plaintiff's claim of this case is justified and it is so decided as per Disposition.