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The defendant's KRW 54,788,313 as well as 6% per annum from February 22, 2020 to December 16, 2020 to the plaintiff.
Reasons
1. Determination on the cause of the claim
A. The Plaintiff asserted that the Plaintiff supplied transit at the construction site designated by the Defendant between the Defendant and the Defendant, on the condition that the Defendant would immediately settle the supply price, or settle the last day of each month and make a settlement at the beginning of the following month, and supplied transit to the Defendant from around December 2018 to December 2019. The Plaintiff did not receive KRW 54,788,313 out of the supply price.
Therefore, the defendant is liable to pay 54,788,313 won and delay damages to the plaintiff.
B. In addition to the purport of the entire pleadings in the statement in Gap evidence Nos. 1 through 4, the plaintiff is a person operating a personal entrepreneur operating a light oil, light oil, and lub oil retail business with the trade name of "C". The defendant is a corporation established for the purpose of the business of installing rains and dismantling structures, etc., the plaintiff and the defendant supplied transit to the defendant and continued to trade after concluding a transit supply contract with the purport of receiving the price from the defendant, and the plaintiff supplied light to the construction site designated by the defendant from around December 2018 to December 2019, but the plaintiff supplied light oil to the construction site designated by the defendant. However, as shown in the attached Table, it can be acknowledged that the defendant did not receive KRW 54,78,313 out of the price.
According to the above facts, barring any special circumstance, the defendant is obligated to pay to the plaintiff the amount of 54,788,313 won of the unpaid goods and damages for delay calculated by the rate of 6% per annum under the Commercial Act from February 22, 2020 to December 16, 2020, which is the date when the defendant delivered a copy of the complaint of this case to the plaintiff, which is clear from February 22, 2020 that it is the day after the delivery of a copy of the complaint of this case.
The plaintiff claimed damages for delay from January 1, 2020, which is the day following the last supply month of transit, but the above payment is not made.