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1. The Defendant shall pay to the Plaintiff KRW 373,002,418 and the interest rate of KRW 12% per annum from September 12, 2019 to the date of full payment.
Reasons
1. Basic facts
A. The Plaintiff is a company that runs the wholesale business of agricultural products in the Songpa-gu Seoul Metropolitan City market, and the Defendant is a company that runs the wholesale business of agricultural, livestock, and fishery products.
B. From March 2016 to June 2018, the Plaintiff supplied the Defendant with the agricultural products sold at four stores in accordance with a contract with D Co., Ltd. (or the old store, the old datum, the water datum, and the clean store), and issued an electronic tax invoice of KRW 651,195,000 in total as the Defendant for the same period.
C. The Plaintiff’s supply of agricultural products to the Defendant for the above period and the price for goods that had not been paid until now is KRW 373,002,418 in total.
[Reasons for Recognition] Unsatisfy, each entry in Gap evidence 1 to 4 (including each number in the case of additional number), and the purport of the whole pleadings
2. Determination
A. According to the facts acknowledged earlier, the Defendant is obligated to pay to the Plaintiff the amount of KRW 373,002,418, 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 September 12, 2019 to the date of full payment after the original copy of the instant payment order sought by the Plaintiff.
B. The Defendant asserts to the effect that “the Plaintiff brought a lawsuit against E Co., Ltd. (hereinafter only referred to as “E”) which is a de facto identical business entity with the Defendant, separately from the instant case (this Court 2020 Gohap50171), and that the amount of the goods claimed in each case appears to overlap partially.”
According to the facts and the purport of the entire arguments in this court, the Plaintiff filed an application for payment order with the Defendant on September 4, 2019, seeking “373,002,418 won and damages for delay thereof,” and filed an application for payment order with E on the same day against “407,601,318 won and damages for delay thereof,” and the Defendant and E thereafter raise an objection to each payment order.