The defendant shall pay to the plaintiff 300,000,000 won with 12% per annum from June 26, 2020 to the day of complete payment.

1. Basic facts

A. A. Around April 12, 2019, the Defendant entered into a contract for the supply of goods with the content that the Defendant shall pay a total of 5.7 billion won (a separate value-added tax) upon the delivery of the instant goods to C from May 1, 2019 to March 31, 2020 (hereinafter “instant goods”) 1250,000 won (hereinafter “instant goods”).

On the other hand, Article 9 of the above contract provides that if C delays in delivery, the amount equivalent to 0.05% of the price of goods for one day of delay shall be paid to the defendant as a delayed prize.

B. C supplied the instant goods worth KRW 5,087,749,627 in total to the Defendant from May 2019 to May 2020, 202. From March 2020, the Defendant paid the amount of KRW 3,776,689,867 among them, and the amount of the goods unpaid is KRW 1,313,852,345.

(c)

On May 4, 2020, the Plaintiff entered into a contract with C to acquire a claim of KRW 300 million, among the claims under the instant contract for the supply of goods, which C had against the Defendant, and C notified the Defendant of the transfer of the above claim on May 6, 2020.

[Grounds for Recognition] Unsatisfy, Gap evidence Nos. 1, 2, Eul evidence Nos. 1, 2, and 5, the purport of the whole pleadings

2. Determination

A. According to the above facts as to the cause of the claim, it can be acknowledged that the Plaintiff received 300 million won out of 1,313,852,345 won of the remaining claim under the contract for the supply of the goods in this case against the Defendant from C and obtained the opposing power for the transfer of the above claim around May 6, 2020. Barring any special circumstance, the Defendant is obligated to pay to the Plaintiff delayed damages calculated by the ratio of 12% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from June 26, 2020 to the day of full payment after the delivery of the original copy of the payment order in this case as sought by the Plaintiff.

B. As to the Defendant’s assertion, the Defendant’s gist of the argument is as follows.