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1. The Defendant’s KRW 42,212,172 as well as the Plaintiff’s annual rate of KRW 5% from September 22, 2016 to December 11, 2018.
Reasons
1. Basic facts
A. The Plaintiff, as a seller among C joint markets (D), supplied livestock products, such as cattle and pigs awarded a successful bid, to the Defendant operating a meat retail business entity “E” from January 14, 2010 to October 29, 2015.
B. The Defendant agreed between the Plaintiff and the Plaintiff to pay fees of KRW 1.98% and KRW 52,200 per partnership fee of KRW 0.5 2,00. The outstanding amount remaining before September 6, 2012 was KRW 3,974,558.
C. Attached between September 6, 2012 and October 29, 2015, the Plaintiff
1. As indicated in the details of supply, livestock products worth KRW 767,448,729 were supplied to the Plaintiff. A total of the commission, partnership expenses, and accounts receivable incurred a total of KRW 79,512,172 in supply amounting to KRW 79,512,172, and the Defendant from September 12, 2012 to December 7, 2015 attached hereto.
2. A total of KRW 757,300,000 was paid to the Plaintiff as stated in the deposit details.
[Reasons for Recognition] Facts without dispute, Gap evidence 2-1, 2, 4, 8-1 through 3, 9-1 through 17, Eul evidence 3-1 through 3, 5-1 through 5, 8-1 through 24, 13-1, 2-2, and the purport of the whole pleadings
2. The assertion and judgment
A. According to the above facts finding as to the cause of the claim, the defendant is obligated to pay to the plaintiff 42,212,172 won (=79,512,172 won-757,300 won) and damages for delay calculated at the rate of 5% per annum as prescribed by the Civil Act from September 22, 2016 to December 11, 2018, the date following the day when a copy of the complaint of this case was served on the defendant, which is the day when the defendant delivered the copy of the complaint of this case, to the defendant.
However, the Plaintiff sought the balance of the supply price based on its own account books based on the details of the sales price, but there is no evidence to acknowledge that the amount is excessive than the details of the sales price.