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The Defendant, as the Plaintiff
A. 22,829,304 won and the rate of 12% per annum from January 14, 2020 to the date of complete payment.
Reasons
1. Determination on the cause of the claim
(a) The following facts may be acknowledged pursuant to the respective entries in Gap evidence 1 to 4 and the purport of the whole pleadings, unless there is a dispute between the parties or according to the purport of Gap evidence:
1) The Plaintiff is a company operating steel and machine wholesale and retail business. The Defendant is a company operating steel distribution and retail business. 2) The Plaintiff supplied the Defendant with steel products equivalent to KRW 52,829,304 by June 30, 2019. On November 6, 2019, the Plaintiff filed a lawsuit against the Defendant for payment of KRW 52,829,304 per annum from July 1, 2019 to the delivery date of the complaint of this case and KRW 6% per annum from the next day to the date of complete payment.
3) The Defendant was served with the instant complaint on December 3, 2019, and the Plaintiff received 30,000,000,000 won out of the total amount of the goods sold on January 13, 2020, while the instant suit was pending, from the Non-Party Credit Guarantee Fund that is a policyholder of sales claims. According to the above facts of recognition, the Defendant is obligated to pay to the Plaintiff the remaining amount of KRW 22,829,304 (=30,000,000) - the amount of KRW 30,000 from January 14, 2019 to the date of full payment. In addition, the Plaintiff is obligated to pay damages for delay at the rate of 12% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from January 14, 2019 to the date of full payment. In addition, the Plaintiff is obligated to pay 52,829,304,000,000 annually from July 13, 2019.
2. On December 2, 2019, the Defendant rendered a ruling of provisional seizure of corporeal movables as the Seoul District Court Decision 20,000,000 won out of the above product price claim against the Defendant as the preserved right. On December 2, 2019, the Defendant received the ruling of provisional seizure of corporeal movables as the Incheon-si District Court Decision 201Kadan5248, Dec. 18, 2019.