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1. The Defendant’s KRW 21,179,462 as well as the Plaintiff’s KRW 6% per annum from April 10, 2014 to October 1, 2014.
Reasons
1. Facts of recognition;
A. The Plaintiff is a person who engages in wholesale and retail business of livestock products under the trade name of “C,” and the Defendant is a person who operates a restaurant of “E” in Bupyeong-gu Incheon Metropolitan Government D.
B. The Plaintiff supplied the Defendant with livestock products equivalent to KRW 26,179,462 from February 20, 2014 to April 9, 2014, and did not receive KRW 21,179,462 out of the amount of goods.
[Ground of recognition] Unsatisfy, each entry in Gap evidence 1-3 (including a provisional number), the purport of the whole pleadings
2. According to the above facts finding as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff the amount of KRW 21,179,462 payable to the Plaintiff as well as damages for delay calculated at the rate of 6% per annum under the Commercial Act from April 10, 2014 to October 1, 2014, which is the day following the date of delivery of a copy of the complaint of this case, and 20% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the following day to the day of full payment.
3. The defendant's assertion is alleged to have agreed on the settlement of the price of the goods with the plaintiff 18,000,000 won. However, there is no evidence to acknowledge the agreement as alleged by the defendant, and the defendant's above assertion is difficult to accept.
4. Conclusion, the plaintiff's claim of this case is justified.