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The defendant shall pay to the plaintiff 51,96,190 won and 12% per annum from December 5, 2020 to the day of complete payment.
Reasons
According to the purport of Gap evidence No. 1, the plaintiff operated a sales company located in Aluminium with the trade name "C". The defendant was the only internal director of D Co., Ltd. (hereinafter "D") engaged in the manufacturing, sale, service business, etc. of industrial machinery and its parts. D operated by the defendant was supplied with Aluminium materials of 71,96,190 won (including value non-value added tax) from the plaintiff during the period from July 12, 2017 to August 17, 2017. The defendant was found to have received KRW 79,195,809 (71,96,190 won, 7,199, 619, 619) from the plaintiff on November 29, 2017, and the defendant was signed and sealed by 00,000 won as principal or 80,000 won (the above amount as principal and 200,000 won).
According to the above facts, on November 29, 2017, the defendant expressed his/her intent to guarantee the price of D's goods by signing a signature with the customer ledger presented by the plaintiff on November 29, 2017
Therefore, the defendant is obligated to pay damages for delay calculated at the rate of 12% per annum from December 5, 2020 to the date of complete payment, which is stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, from December 5, 2020, the day following the day of delivery of a copy of the complaint of this case to the day of complete payment, among the amount of goods unpaid to the plaintiff.
If so, the plaintiff's claim shall be accepted for all reasons, and it is so decided as per Disposition.