The defendant paid KRW 343,716,924 to the plaintiff as well as KRW 6% per annum from July 23, 2020 to November 25, 2020.

1. Basic facts

A. The Plaintiff is a company engaged in the manufacturing and wholesale and retail business of the new and industrial safety protective outfits, and the Defendant is a person who engages in wholesale and retail business of working clothes, industrial safety supplies, etc. under the trade name of “C”.

B. The Plaintiff supplied safety, etc. to the Defendant from around 2018 to April 2020.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, the purport of the whole pleadings

2. The parties' assertion and determination are alleged to have failed to receive KRW 348,331,374, out of the amount of goods sold by the defendant, and the defendant asserts that the amount of goods unpaid is KRW 343,716,924.

On the other hand, the evidence presented by the plaintiff alone is insufficient to recognize that the amount of unpaid goods exceeds 343,716,924 won, and there is no other evidence to support this, the defendant is obligated to pay to the plaintiff 343,716,924 won and damages for delay calculated at each rate of 6% per annum as prescribed by the Commercial Act from July 23, 2020, the day following the service date of the original payment order in this case, which is the day of the delivery of the original payment order in this case, to November 25, 2020, where it is deemed reasonable for the defendant to dispute as to the existence and scope of the obligation in this case, and from the next day to the day of full payment.

3. As such, the plaintiff's claim is justified within the above scope of recognition, and the remaining claims are dismissed as it is without merit. It is so decided as per Disposition.