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1. The Defendant’s KRW 24,761,00 in money and KRW 6% per annum from December 12, 2014 to November 3, 2015 to the Plaintiff.
Reasons
1. Following the determination of the cause of the claim may be acknowledged in full view of the purport of the entire pleadings as to the entries in the evidence Nos. 1 and 2.
On December 11, 2012, the Plaintiff entered into a sales agency contract with the Defendant to be supplied with B cand and sold exclusively to the Gyeongnam area. The Plaintiff paid a deposit of KRW 30 million to the Defendant, and the contract period shall be one year, and the contract period shall be renewed every one year.
B. Since the Defendant failed to appropriately supply cans from June 2013, the Plaintiff notified that the contract for the general sales agency was terminated on March 7, 2014, and the said contract was terminated on December 11, 2014.
C. The Plaintiff is a person who did not pay 5,239,000 won for the goods to the Defendant.
According to the above facts, the Defendant is obligated to pay the Plaintiff the remaining amount of KRW 24,761,00, which is the remainder after deducting the remainder of the deposit, as well as 6% per annum under the Commercial Act from December 12, 2014 to November 3, 2015, which is the day following the termination date of the contract, and 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the following day to the day of full payment.
The Plaintiff claimed 20% per annum from the delivery date of the duplicate of the instant complaint (from April 1, 2014) to September 10, 2015, and damages for delay at the rate of 15% per annum from the next day to the date of full payment. However, the Plaintiff is a person whose total sales agency contract was terminated on December 11, 2014, thereby recognizing damages for delay only within the extent of the foregoing recognition.
(The statutory interest rate under the main sentence of Article 3 (1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings was amended by Presidential Decree No. 26553 on September 25, 2015, and the interest rate on delay damages under the same Act was changed from 20% to 15% per annum from October 1, 2015).