전주지방법원 2017.07.07 2016가단32089



1. The Defendant shall pay to the Plaintiff KRW 41,80,000 and the interest rate of KRW 15% per annum from October 25, 2016 to the day of full payment.


1. Basic facts

A. On March 10, 2016, the Plaintiff entered into a contract with the Defendant for the supply of a plant. The main contents are as follows.

Supply Goods: Cater jet model and quantity: 83,60,000 won (including additional taxes): 25,080,000 won (within one week after the conclusion of the contract), intermediate payment of 16,720,000 won (within one week after loading), 41,80,000 won (within two weeks after the completion of the examination)

B. After being supplied with a propelling machine to the Plaintiff, the Defendant paid KRW 25,080,000 to the Plaintiff on March 10, 2016, and the intermediate payment KRW 16,720,000 to the Plaintiff on May 23, 2016.

[Ground of recognition] The entry of Gap evidence Nos. 1 through 6 and the purport of the whole pleading and pleading

2. Determination

A. According to the above facts, the Defendant is obligated to pay to the Plaintiff the amount of KRW 41,800,000 for goods and delay damages calculated at the rate of 15% per annum from October 25, 2016 to the date of full payment, which is the day following the delivery of the complaint filed by the Plaintiff after the due date.

B. The Defendant asserts that the Defendant did not have an obligation to pay the remainder of the goods since the Plaintiff rescinded the supply contract concluded with the Defendant by withdrawing one of the promoters on the grounds of the unpaid goods price.

However, there is no evidence to acknowledge the facts alleged by the defendant, and the defendant's above assertion is without merit.

3. Conclusion, the claim of this case is accepted on the ground of the reasons.