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1. The Defendant’s KRW 51,00,000 as well as the Plaintiff’s KRW 20% per annum from August 4, 2015 to September 30, 2015.
Reasons
1. On October 13, 2014, the Plaintiff entered into a contract with the Defendant to supply goods equivalent to KRW 23.5 million (including value-added tax) for the supply of goods, and on December 4, 2014, entered into a contract with the Defendant to supply goods equivalent to KRW 27.5 million (including value-added tax) for the supply of goods, and supplied all goods to the Defendant under each contract.
【Ground for Recognition: In light of the aforementioned facts without dispute, Gap 1 and 2 evidence, the purport of the whole pleadings, and the purport of the whole pleadings, barring any special circumstance, the defendant is obligated to pay to the plaintiff the total amount of KRW 51 million and damages for delay.
2. The defendant's defense is a defense that the defendant paid a total of KRW 15 million by remitting KRW 5 million to the account in the name of B at the plaintiff's request on April 2, 2015, and KRW 14.1 million on April 14, 2015.
In light of the facts that the Defendant remitted the sum of KRW 15 million to the one bank account in the name of B on April 2, 2015, and KRW 15 million on April 14, 2015, the Defendant is deemed to have been aware of the fact that the account used by the Plaintiff was already recorded in each electronic tax invoice issued by the Plaintiff, and that the national bank account used by the Plaintiff was already recorded in the Defendant’s each electronic tax invoice issued by the Plaintiff, the evidence Nos. 2 No. 1 and 2 of the 2, 3 alone led the Plaintiff to transfer the price of the instant goods to the Defendant’s account in the name of B.
It is insufficient to recognize that the money deposited in the above account was paid to the Plaintiff as the price of the instant goods, and there is no other evidence to acknowledge it. Thus, the defendant's defense is without merit.
3. According to the conclusion, the Defendant is obligated to pay to the Plaintiff the amount of KRW 51 million and the amount of damages for delay calculated at a rate of 20% per annum from August 5, 2015 to September 30, 2015, which is the day following the delivery of a copy of the instant complaint, and 15% per annum from the next day to the day of full payment. Thus, the Plaintiff’s claim is justified.