1. The Defendant’s KRW 47,974,650 for the Plaintiff and KRW 6% per annum from April 1, 2019 to May 14, 2020.

Facts of recognition

As of February 14, 2019, the Plaintiff supplied goods to C Co., Ltd. (hereinafter referred to as “C”) with functional glass manufacturing business from April 2018, and caused KRW 138,974,650 as of February 14, 2019.

On February 14, 2019, the Defendant agreed to pay KRW 138,974,650 to the Plaintiff jointly and severally with C as the representative director of C, and agreed to pay the amount of KRW 138,974,650 to the Plaintiff on June 14, 2019, KRW 20 million on February 18, 2019 in six installments, KRW 28,20 million on February 28, 2019, KRW 30,000 on March 8, 2019, KRW 21,000 on March 15, 2019, KRW 47,974,650 on March 31, 2019, and the Defendant agreed to lose the benefit of time and pay the remainder in lump sum, if any, at once.

(A) The Defendant lost the benefit of time by paying to the Plaintiff KRW 49 million until March 8, 2019, and the Defendant paid additional KRW 42 million to the Plaintiff, thereby failing to pay the remainder of KRW 47,974,650 until now.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, and the purport of the entire pleadings. According to the above facts of recognition, the defendant is obligated to pay to the plaintiff damages for delay calculated by the ratio of 47,974,650 won to 12% per annum under the Commercial Act from April 1, 2019 to May 14, 2020, which is clear that the date when the original copy of the payment order in this case was served on the defendant as the last day following the due date of payment as requested by the plaintiff, as well as the date when the payment order in this case was served on the defendant.

The plaintiff's claim for conclusion is reasonable, and it is so decided as per Disposition.