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1. The Defendant shall pay to the Plaintiff KRW 63,240,257 and the interest rate of KRW 15% per annum from May 18, 2018 to the date of full payment.
Reasons
1. Basic facts
A. The Plaintiff is a company that operates plastic container manufacturing business, and the Defendant is a representative that runs the duty of taxation and consumer goods export and import business in the trade name of “D” from February 28, 2014.
B. The Plaintiff has traded 3 km containers between the Defendant and the Defendant. The Plaintiff’s container supplied to the Defendant by January 2018 is equivalent to KRW 135,310,057 in total, and the amount of money repaid by the Defendant is KRW 72,069,80 in total, and the amount of money outstanding as of January 2018 is KRW 63,240,257 in total.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Gap evidence No. 4-1 to 26, the purport of the whole pleadings
2. Determination
A. According to the above facts of recognition as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff the amount of KRW 63,240,257 as well as damages for delay calculated at the rate of 20% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from May 18, 2018 to the date of full payment, as the Plaintiff seeks.
B. (1) The summary of the Defendant’s assertion (A) The Defendant used the trade name “D” after receiving a successful bid for the factory through an auction after the bankruptcy of D Co., Ltd., and is working as an individual entrepreneur.
However, the plaintiff claims the total amount of debt of D and the defendant who is an individual entrepreneur, and the defendant is not liable for the outstanding amount of D.
(B) The reason why the outstanding amount was incurred is that the Plaintiff did not provide substitute goods to the Defendant even though there were many defects in the container supplied by the Plaintiff.
(2) As to the Defendant’s first argument, there is no evidence to prove that the Plaintiff claims to the Defendant for the total amount of the outstanding amount of debt of D Co., Ltd.
Rather, evidence Nos. 1, 2, 3, 4-1 to 26, and 5-1.