The defendant shall pay to the plaintiff 100,054,465 won and the interest rate of 12% per annum from May 30, 2020 to the day of complete payment.

1. Basic facts

A. On December 31, 2019, the Plaintiff entered into a contract with Nonparty D (hereinafter “D”) to transfer KRW 100,054,465, out of the raw material supply claim he/she owns against the Defendant.

B. D on January 14, 2020, notified the Defendant of the transfer of the claim as described in the foregoing paragraph A by mail proving the content of the claim.

[Ground for recognition] Unsatisfy, Gap evidence Nos. 1 through 4, the purport of the whole pleadings

2. Determination

A. According to the above facts of determination as to the cause of claim, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff delayed damages calculated at the rate of 12% per annum from May 30, 2020 to the day of complete payment, which is the day following the day of the copy of the complaint of this case sought by the Plaintiff, and from May 30, 2020 to the day of complete payment.

B. As to the determination of the defense, etc., the defendant asserts to the effect that D's above sales claim against D is set off with the above compensation, since D's failure to carry out the payment by the material storage to the defendant during E's construction caused damage to the delayed payment of KRW 129,560,00, or since D's failure to carry out the payment by the material storage during F's construction works caused damage to the delayed payment of KRW 235,416,00.

However, the evidence evidence Nos. 1, 2, and 3 alone lacks to acknowledge the Defendant’s claim for damages against D, and there is no other evidence to acknowledge it (the Defendant submitted a preparatory document claiming the existence of the above offset claim, and was absent for two pleadings). 3. The Plaintiff’s claim for conclusion is reasonable, and thus, it is so decided as per Disposition by the assent of all participating Justices.