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1. The Defendant’s KRW 47,578,534 as well as 6% per annum from July 2, 2014 to January 5, 2015 to the Plaintiff.
Reasons
In light of the facts without dispute, Gap evidence 1-1, Gap evidence 1-2, and Gap evidence 2-6, the whole purport of the pleadings is as follows: (i) the defendant entered into a contract with the plaintiff on January 1, 2012 for continuous supply of food materials; (ii) the defendant entered into an agreement with the plaintiff on continuous supply of food materials; and (iii) the defendant entered into an agreement on the payment of the price for the goods unpaid to the plaintiff on December 1, 2012 to the plaintiff on January 20, 2013; and (iii) the above continuous supply contract was terminated on January 13, 2013; and (iv) the price for the goods unpaid to the plaintiff at the time of February 13, 2013 was approximately KRW 67 million; and (v) the defendant paid only part of them to the plaintiff, and thus, it is recognized that the goods amount of KRW 47,578,534 as of the date of the closing of argument in this case was unpaid.
Therefore, the defendant is obligated to pay to the plaintiff 47,578,534 won and 20% interest per annum under the Commercial Act from July 2, 2014 to January 5, 2015, which was served on the defendant with the payment order of this case, and 6% interest per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment.
Thus, the plaintiff's claim of this case is accepted on the ground of the reasons.