물품대금
1. The Defendant’s KRW 50,104,00 for the Plaintiff and 6% per annum from July 1, 2017 to January 27, 2018.
1. By June 30, 2017, the Plaintiff’s judgment on the cause of the claim is recognized by adding the entire purport of the pleadings to the Defendant on the respective entries in Gap evidence Nos. 1 through 5 (including the serial number) without any dispute between the parties, or the entire purport of the pleadings.
According to the above facts, the Defendant is obligated to pay to the Plaintiff the amount of KRW 50,104,00 for goods and delay damages calculated at the rate of 6% per annum under the Commercial Act from July 1, 2017 to January 27, 2018, which is the date of delivery of a copy of the complaint of this case, and 15% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the date of full payment, barring special circumstances.
2. The defendant's assertion argues that the plaintiff delayed the manufacture and supply of the above machinery, etc., and that the defendant suffered loss of KRW 29 million in relation to the transaction partner, thus, it should be deducted.
On the other hand, the evidence presented by the defendant alone is insufficient to recognize the fact that the plaintiff's production and supply delayed and the fact that the defendant suffered damages as alleged by the defendant. Even if such fact is acknowledged, the damage alleged by the defendant constitutes a special damage in relation to the plaintiff, and it is insufficient to recognize that the evidence submitted by the defendant knew or could have known such fact.
(Article 393(2) of the Civil Act). Therefore, the defendant's argument is without merit.
3. In conclusion, the claim of this case is justified and it is so decided as per Disposition.