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1. The Defendant’s KRW 17,39,937 as well as its annual 6% from September 1, 2015 to November 18, 2015 to the Plaintiff.
Reasons
1. Judgment on the ground of the Plaintiff’s claim
A. Comprehensively taking account of the overall purport of the pleadings in each statement in Gap evidence Nos. 1 through 5 (including additional numbers), the fact that the plaintiff, a corporation operating a liquor wholesale business, supplied alcoholic beverages to the defendant from April 1, 2015 to August 3, 2015, and the fact that the attempted amount occurred as of August 3, 2015 constitutes 37,339,937, respectively, and there is no counter-proof, and the fact that the plaintiff received 20,000,000 won among the attempted amount was paid on September 15, 2015 and on September 16, 2015 is the plaintiff.
B. According to the above facts, barring any special circumstance, the defendant is obligated to pay to the plaintiff the remaining amount of KRW 17,339,937 ( KRW 37,39,937 - KRW 20,000) and damages for delay calculated at the rate of 15% per annum under the Commercial Act until November 18, 2015, which is clearly indicated that it is reasonable to dispute the scope of the defendant's obligations to be performed from September 1, 2015, on the date following the date on which the original copy of the instant payment order was served to the defendant as requested by the plaintiff, as the date when the original copy of the instant payment order was served to the defendant.
I would like to say.
(1) The plaintiff filed a claim for the payment of damages for delay calculated at the rate of delay damages under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the day after the original copy of the payment order to the day of full payment. However, it is reasonable to dispute the scope of the defendant's obligation to pay for the purpose of the claim of this case and the date of delivery of the application for modification of the cause of the claim of this case which the plaintiff reduced the plaintiff's claim. Thus, the above payment of damages for delay calculated at the rate of delay damages as stipulated in the Commercial Act
A. First, the Defendant, on September 7, 2015, applies to the Plaintiff and the Defendant.