1. The Defendant’s KRW 38,308,870 as well as the Plaintiff’s KRW 15% per annum from September 13, 2018 to May 31, 2019.

1. Determination on the cause of the claim

A. The facts following the facts of recognition do not conflict between the parties, or can be acknowledged by comprehensively considering the overall purport of the pleadings in each entry in Gap evidence 1-10 (including the paper number).

On April 10, 2018, from April 27, 2018 to April 27, 2018, the Plaintiff supplied the Defendant, who operates a restaurant of “D” (hereinafter referred to as “instant restaurant”), with a total sum of KRW 50,379,120, and goods, such as main equipment, facilities, and equipment, equivalent to KRW 1,90,250, including KRW 300,00 at the contact, were returned at the Defendant’s request.

B. The Defendant paid 5,00,000 won to the Plaintiff as the down payment, and paid 43,478,870 won to the Plaintiff on May 18, 2018 (=50,90,90,250 won - 5,000 won - 5,000,000 won until May 25, 2018; and the remaining 33,478,870 won to pay by June 12, 2018.

B. According to the above facts of determination, the defendant is obligated to pay to the plaintiff 38,308,870 won in balance of the price of the above goods, etc. (=43,478,870 won - 5,170,000 won) and damages for delay at the rate of 12% per annum under the main sentence of Article 3(1) of the former Regulations on Special Cases Concerning Expedition, etc. of Legal Proceedings (amended by Presidential Decree No. 29768, May 21, 2019) from September 13, 2018 to May 31, 2019, on the day following the day when the copy of the application for the payment order was served by the plaintiff.

2. The judgment of the defendant on the defendant's assertion was that a considerable amount of food products supplied by the plaintiff could not be used in the restaurant of this case or defective speculation.