물품대금
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
1. Determination as to the cause of claim
A. On August 13, 2015, the Plaintiff entered into an agreement with the Defendant on the supply of goods with the content that the Plaintiff would form and sell a distribution network (hereinafter “instant agreement”) if the Plaintiff supplied the Defendant with the food for school meal services for a one-year period.
The Plaintiff supplied the Defendant a total of KRW 28,161,530 from August 17, 2015 to December 24, 2015 under the instant contract.
[Reasons for Recognition] Facts without dispute between the parties, Gap evidence 1 through Gap evidence 5, Gap evidence 6-1 through 16, Gap evidence 7, the purport of the whole pleadings
B. According to the above facts of determination, the Defendant is obligated to pay to the Plaintiff the amount of KRW 28,161,530, and damages for delay calculated at the rate of 6% per annum as stipulated in the Commercial Act from December 25, 2015 to January 27, 2016, the delivery date of the copy of the complaint of this case, and 15% per annum as stipulated in the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the date of full payment.
2. Judgment on the defendant's assertion
A. The Defendant asserts that the Plaintiff unilaterally ceased transactions under the instant contract, and that the Defendant incurred damages equivalent to KRW 35,782,945 in total, including the cost of producing promotional materials, the cost of sampling for public relations, and the cost of promotional employees’ personnel, etc. paid by the Defendant under the instant contract, and that the amount was set off against the Plaintiff’s claim for compensation equivalent to the amount of damages.
Therefore, as to whether the Plaintiff unilaterally ceased transaction, comprehensively taking account of the above evidence No. 8 and No. 9, the Defendant delayed payment of the price, even though the Plaintiff and the Plaintiff paid the price at the same time as the supply of goods. The Plaintiff urged the Defendant to pay the price for the instant goods up to January 11, 2016, and the Defendant issued a notice to the Defendant to pay the price for the instant goods up to December 28, 2015.