물품대금
1. The Defendant shall pay to the Plaintiff KRW 106,018,290 as well as 15% per annum from February 9, 2017 to the day of full payment.
1. 사실관계 [인정근거] 갑 2∽3호증, 을 1, 5호증(가지번호 각 포함)의 각 기재, 변론 전체의 취지 원고는 2014. 7.경 피고로부터 ‘Exhaust right&left Ass’y(수영장용 보일러 배기덕트 부품, 이하 ‘이 사건 부품’)를 납품단가 10,200원에 납품해 줄 것을 의뢰받고, 피고가 제공한 금형을 이용하여, C 운영의 D를 통하여 ㈜E로 하여금 이 사건 부품을 제조하여 피고에게 납품하도록 하였다.
The defendant exported the supplied parts to the U.S. company, and the local assembly was made.
On February 25, 2015, the Plaintiff issued, at the Defendant’s request, a tax invoice of KRW 3,840, the supply value of KRW 39,168,00, the supply value of KRW 1,920, the supply value of KRW 19,584,00 on March 25, 2015, and a tax invoice of KRW 7,681, the supply value of KRW 78,346,20 on April 31, 2015, respectively.
On February 6, 2015, the Defendant sent e-mail to the effect that “the direct diameter control of the neglected parts shall be so high that the assembly shall not be easily conducted due to the wide size of 54 parts among the supplied parts.”
On May 6, 2015, the Defendant paid KRW 26,379,910 out of the price of the goods to the Plaintiff on May 6, 2015, and sent e-mail to the Plaintiff that “from KRW 39,168,00 on the tax invoice of February 25, 2015 to KRW 12,78,09,00 was deducted from the final employer’s cost of screening and reworking from the U.S. company.”
On September 9, 2015, the defendant sent a "written agreement on the deduction for an inferior amount" as shown in attached Form 1, and on September 12, 2015, the plaintiff sent an e-mail with the content stated in attached Form 2.
After October 27, 2015, the Defendant paid KRW 4.7 million to the Plaintiff.
2. According to the facts acknowledged as above, barring any special circumstance, the Defendant seeks the Plaintiff’s total price of supplied goods of KRW 137,098,200, and KRW 26,379,910, and KRW 4.7 million paid on October 7, 2015 (i.e., KRW 106,018,00,000 (= KRW 137,098,200 - KRW 26,379,910 - KRW 4.7 million) and the Plaintiff’s claim.