A. On August 16, 2018, the Plaintiff entered into a contract for the manufacture and supply of clothing (hereinafter “instant contract”) with the Defendant on the ground that the payment method is 30% on the end of the following month, 40% on the end of the following month, 30% on the end of the following month, and 30% on the end of the following month, until September 15, 2018, to supply the raw materials by October 10, 2018.

B. From September 5, 2018 to October 19, 2018, the Plaintiff supplied 12,551 punishment for clothes under the instant contract to the Defendant. The Defendant’s employees C supplied the said goods from the Plaintiff and signed on the delivery certificate.

C. The plaintiff is the defendant.

On September 4, 2018, the tax invoice of KRW 64,625,00 in total amount was issued on September 4, 2018, and the tax invoice of KRW 100,680,00 in total amount was issued on October 17, 2018, respectively.

The Defendant paid the Plaintiff KRW 20,00,000,000 as the price for the goods under the instant contract, and KRW 20,00,000,000 as the total amount of KRW 4,00,00 on October 17, 2018.

[Recognition] Facts without dispute, Gap's statements in Gap's 1 to 5 (including branch numbers in the case of additional numbers), witness D's testimony, the purport of the whole pleadings

2. According to the above facts of determination, the defendant is obligated to pay to the plaintiff 145,305,000 won unpaid out of the price of the goods supplied under the contract of this case (=64,625,000 won 100,680,000 won - 20,000 won) and damages for delay calculated at the rate of 6% per annum as stipulated in the Commercial Act from February 1, 2019 to March 29, 2019, the delivery date of the copy of the complaint of this case, from March 29, 2019, and from the next day to the day of full payment, 12% per annum as stipulated in the Act on Special Cases concerning the Facilitation, etc. of Legal Proceedings.

The defendant asserts that the plaintiff does not have an obligation to pay the price for the goods supplied as above, since part of the goods under the contract of this case were supplied by delay of the delivery date, and some of the goods were not supplied.