The defendant is a company that supplies teaching materials, etc. for infants and teachers to kindergartens and childcare centers, and the plaintiff is a company that prints, stores, packages, and delivers such teaching materials, etc.

On January 24, 2017, the Defendant entered into a contract with the Plaintiff on the transaction of goods (hereinafter “instant contract”) stipulating that if the Plaintiff printed the instant teaching materials requested by the Defendant and supplied them to a customer designated by the Defendant, the Defendant would pay the agreed price according to the Plaintiff’s issuance of the tax invoice (hereinafter “instant contract”).

(A) Under the instant contract, the Plaintiff produced teaching materials of this case from January 3, 2017 to May 31, 2017, and supplied them to the customer designated by the Defendant, and claimed KRW 112,951,179 to the Defendant, and received KRW 44,53,979 in total from the Defendant from March 3, 2017 to June 9, 2017, and received KRW 68,417,200 (= KRW 112,951,179 - KRW 44,53,979).

(A) (Evidence A) 2. [Ground for Recognition] A] without dispute, each entry in Gap evidence 1 through 4, and the ground for appeal as to the whole purport of the pleadings, the plaintiff defendant is liable to pay the plaintiff the amount of unpaid goods including the claim amount on June 2017, 68,792,050 won and delay damages.

Since the Plaintiff failed to perform its duty under the contract of this case, and there are serious defects in the teaching materials of this case supplied by the Plaintiff, the Plaintiff shall compensate the Defendant for the damages incurred thereby.

Facts of recognition

After being provided with the files of the instant teaching materials from the Defendant, the Plaintiff produced and printed the instant teaching materials using them, and then supplied the instant teaching materials to the Defendant’s clients, such as kindergartens located across the country through the Defendant’s sampling test.

The teaching materials of this case are manufactured in the order of subparagraphs 1, 2, and 3 and supplied to kindergartens, etc.