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1. The Defendant shall pay to the Plaintiff KRW 45,812,741 as well as 20% per annum from July 8, 2014 to the day of complete payment.
Reasons
1. Basic facts
A. The Plaintiff is a company engaged in deep-sea fisheries, sales of fishery products, sales of processed fishery products, etc., and the Defendant is a company engaged in processing fishery products.
B. The Plaintiff supplied the Defendant with fishery products in May 2013 and September 2013, and the value of the fishery products is KRW 547,376,50 in total.
[Ground for recognition] Unsatisfy
2. The plaintiff's assertion and judgment
A. The Plaintiff alleged that the Defendant paid part of the total amount of KRW 547,376,50 to KRW 153,132,80 until December 2013, which was the outstanding amount of KRW 153,132,80. However, the Defendant’s payment of KRW 107,320,059 was offset by the total amount of KRW 107,320,059, since the Defendant’s payment of the total amount of KRW 547,376,50 was set off in January 2014 and February 2014.
B. The Plaintiff paid 394,243,70 won (547,376,500 won - 153,132,800 won) out of 547,376,50 won of the Plaintiff’s claim for the purchase of goods. The Plaintiff is a person who offsets 107,320,059 won and became extinct.
Therefore, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff the amount of KRW 45,812,741 as well as damages for delay calculated at the rate of 20% per annum from July 8, 2014 to July 8, 2014, which is clear that it is the next day after the notice of payment order replacing the delivery date of a copy of the complaint in lieu of the delivery date.
3. Defendant’s assertion and judgment
A. (1) On July 31, 2013, the Defendant delivered 572,00,000 Won to B upon the Plaintiff’s request, and agreed to set off the Plaintiff’s claim against the outstanding amount. On August 30, 2013, the Defendant paid the outstanding amount to the Plaintiff in cash until August 30, 2013.
(2) The purchase price of goods supplied in September 2013, as well as set-off details, shall be between the Plaintiff’s performance and the Defendant’s delivery of uniform equivalent to KRW 47,300,000, which was kept in a warehouse on November 15, 2013, and the total amount of KRW 12,826,00,000, which was delivered to C at the Plaintiff’s request from November 6, 2013 to December 24, 2013.