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1. The Defendant’s KRW 11,343,80 for the Plaintiff and KRW 6% per annum from May 5, 2015 to February 12, 2016.
Reasons
1. Determination as to the cause of claim
A. (1) The Plaintiff, a company that sells agricultural, fishery, and livestock products, supplied the Defendant with foodstuffs, such as capital reduction, from October 2013 to February 2015.
(2) The value of the goods supplied by the Plaintiff upon issuance of the tax invoice is KRW 9,134,800 in total, and the value of the goods supplied without issuing the tax invoice is KRW 9,134,800 in total. The Plaintiff, instead of the Defendant, paid KRW 90,00 in total, KRW 260,846,80 in total, for the Plaintiff’s sales claims against the Defendant (= KRW 251,62,000 in total).
(3) On November 18, 2013, the Defendant paid KRW 249,503,000 to the Plaintiff a total of KRW 249,50,000 as the price for the goods by delivering the bills at par value of KRW 15,00,000.
[Ground of recognition] Facts without dispute, Gap evidence 1 through 5, Eul evidence 1 and 2, the purport of the whole pleadings
B. According to the above facts of determination, the Defendant is obligated to pay to the Plaintiff the amount of KRW 11,343,800 (=260,846,800 - 249,503,000) and the damages for delay calculated at each rate of 15% per annum under the Commercial Act from May 5, 2015 to February 12, 2016, which is the day following the delivery of a copy of the complaint of this case, and from the next day to the day of full payment.
2. Determination of the parties' arguments
A. As to the Plaintiff’s assertion, the Plaintiff made a transaction with the Defendant instead of A while closing his/her business. Of the bills of KRW 15,000,000 issued on November 18, 2013, the Plaintiff asserted that KRW 10,034,00,00, out of the bills of exchange issued on November 18, 2013, the Defendant owed the Defendant’s obligation to pay for the goods. The remainder of KRW 4,966,00,000, was agreed to have the Defendant repaid the Defendant’s obligation to the Plaintiff, and thus, the Defendant’s repayment to the Plaintiff on November 18, 2013 is KRW 4,96,00.
However, it is not enough to recognize that there was an agreement between the plaintiff, the defendant, and the defendant on the settlement of accounts as alleged by the plaintiff.