인쇄대금
1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to pay below shall be revoked.
The defendant.
1. Basic facts
A. The plaintiff is a company established with the main purpose of printing business, and the defendant is a company established with the main purpose of media business.
B. On April 20, 2016, the Plaintiff entered into a newspaper printing contract with the Defendant (hereinafter “instant contract”) and then printed and supplied the newspaper issued by the Defendant to the Defendant in accordance with the Defendant’s order from May 2016 to April 2017. The key contents of the instant contract relating to the instant case are as follows.
(A) The delivery of a product by no later than 18:00 (b) the day immediately preceding the issuance date of the publication (on the printing site) and by no later than 24:00 (on the printing site delivery standard) the Plaintiff entered into the delivery date and delayed delivery of the product by no later than 24 hours before the issuance date, the delivery period shall be determined according to the circumstances of “B”, in order to facilitate the smooth provision of newspaper printing.
3) The number of pages, number of copies, etc. of issuance shall be adjusted through mutual consultation. (hereinafter omitted) The settlement of the unit price and due to changes in the newspaper printing contract under Article 3 (1) may be substituted by a written estimate for the unit price.
2) Where a ground for re-resolution arises due to price fluctuation in raw and subsidiary materials, etc. during the contract period, conciliation shall be conducted through mutual consultation.
2. Judgment on the ground of the Plaintiff’s claim
A. The gist of the Plaintiff’s assertion 1) The Plaintiff printed and supplied the newspaper to the Defendant pursuant to the instant contract. From May 2016 to April 2017, the Plaintiff’s assertion was paid KRW 149,79,796,416 (= KRW 136,178,560 + KRW 13,617,856 and KRW 71,519,000 (value-added Tax) from the Defendant, so the Defendant was paid a total of KRW 71,519,000. Accordingly, the Defendant was paid to the Plaintiff the unpaid amount of KRW 78,277,416 and the said amount.