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1. The Defendant paid KRW 95,589,135 to the Plaintiff KRW 6% per annum from August 3, 2016 to March 8, 2018.
Reasons
1. Facts of recognition;
(1) The Intervenor is a company that supplies food materials to various schools in the Gyeongnam-do area. The Intervenor is a company that supplies food materials to each school in the name of D, E, F, G, etc. upon the participation in a tendering procedure for the supply of food materials for school meals through the open tendering system and received the remainder of the money after deducting 3% of the cost of the food materials from the fee.
When the defendant operates food materials suppliers in the trade name called E, he has supplied the food materials and has paid the remaining money after deducting 3% of the food materials paid from the schools as fees to the intervenors.
D. The Defendant paid KRW 9,69,780, the sum of KRW 98,545,500, the sum of KRW 98,545,500 (hereinafter “the sum of the instant food materials”) from the H elementary school located in the Changwon-si, KRW 22,091,190, KRW 36,969,780 from the I middle school located in the Changwon-si, KRW 9,680, and KRW 29,804,00 from the J middle school located in the Masan-si, and KRW 29,680,804,00 from the K elementary school located in the Masan-si, but the Defendant did not pay the said
Secondly, on June 8, 2016, the Intervenor transferred the instant food materials payment claim to the Plaintiff by May 2016 of the said H Elementary School, I Middle School, J Middle School, and K Elementary School (hereinafter “instant assignment of claims”), and notified the Defendant on June 13, 2016 that the instant food materials payment claim was transferred to the Plaintiff.
[Ground of recognition] The evidence Nos. 2-1 through 7, the statement of Gap evidence Nos. 6-8, the witness L testimony, the testimony of this court's H elementary school, I middle school, J middle school and K elementary school, and the purport of the whole pleadings
2. Judgment on the plaintiff's claim
A. According to the facts of the judgment as to the plaintiff's cause of action, the defendant, barring any special circumstance, shall be liable to the plaintiff for 95,589,135 won [98,545,500 won-(98,545,500 won x 3%)], which is the remainder after deducting the amount equivalent to 3% of the agreed fee from the total amount of food materials of this case from the total amount of 98,545,500 won for food materials of this case.