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1. The Defendant’s KRW 48,386,894 as well as 6% per annum from June 3, 2015 to January 26, 2016 to the Plaintiff.
Reasons
1. The Plaintiff asserted the cause of the Plaintiff’s claim has supplied the Defendant with automobile parts, etc. from July 22, 2009 to August 2014. As of the closing date of the instant pleading, the amount of the Defendant’s unpaid goods is KRW 50,908,509.
Therefore, the defendant is obligated to pay the above money and damages for delay to the plaintiff.
2. Determination
A. In full view of the overall purport of the arguments in the evidence Nos. 1 and 2, evidence Nos. 1 and 5-1 to 4, evidence Nos. 6, 7, evidence Nos. 8-1 to 5, and evidence Nos. 17, the Defendant was supplied with goods from the Plaintiff by August 2014, and the amount of KRW 50,908,509 as of the closing date of the pleadings of the instant case was not paid.
If the Defendant deducts the amount of 1,456,129, and the amount of 376,00,00, and the amount of 689,486, which the Defendant returned to the Plaintiff on September 24, 2015, the Defendant ultimately has the obligation to pay to the Plaintiff 48,386,894 won (=50,908,509 - 1,456,129 - 376,000 - 689,4866), and damages for delay from June 3, 2015, on which the Defendant served a written application for modification of the purport and cause of the instant return to the Defendant, and the Defendant’s filing date of the instant judgment, which is deemed reasonable to dispute on the existence and scope of the Defendant’s obligation to perform, with 6% per annum prescribed by the Commercial Act and 15% per annum prescribed by the Act on Special Cases Concerning the Promotion of Legal Proceedings, from the day following the date of the instant judgment.
B. The defendant asserts as follows.
The Plaintiff is a company that was established in the course of bankruptcy around November 2009 by C (hereinafter “Nonindicted Company”) with the representative director, and is actually a company that was operated by B.
However, on November 201, B01, the goods price to be paid to the Defendant to the Defendant was deposited into the account in the name of D, one’s own wife. Accordingly, the Plaintiff deposited KRW 20 million in total, including KRW 5 million on November 2, 201, KRW 5 million on December 24, 201, and KRW 10 million on May 31, 201.