손해배상(기)
1. The Defendant’s KRW 10,000,000 and its related amount are 5% per annum from July 17, 2019 to September 17, 2020 to the Plaintiff.
A. The above reasons indicate that “the external producer’s difficulty in raising funds is likely to cause a failure to supply and demand for materials, processes, etc. and delays a certain period due to the difficulty in raising funds.”
The Defendant’s mechanical manufacturing and the Plaintiff’s payment 1) completed the manufacture of the instant machinery on July 10, 2018 and supplied it to the Plaintiff. On the same day, the Defendant issued an electronic tax invoice (Evidence A No. 8) in the supply price of KRW 80 million (excluding value added tax) to the Plaintiff. Meanwhile, around that time, the Defendant asserts that the delivery date of the said public notice is July 19, 2018 (see, e.g., the written complaint and the first written argument). The Defendant asserted that the delivery date of the said public notice is June 26, 2018.
(See, on May 6, 2020, the Defendant sent to the Plaintiff an official document (Evidence A No. 9; hereinafter “instant official document”) containing the following contents.
50 tons presses*2 Requests for revision relating to the change in the price payment as follows:
- - Future -
1. Total amount of the first contract payment: Payment by 100% within one month after delivery;
2. The date of the first payment requested to change the date of payment: The second payment date: 80% (one million won per day) and the second payment date: The payment shall be extended by 20% (one six million won per day) and three months to verify the trial run and the mechanical reliability; and C.
3. In the event of a problem of confirmation of the machinery reliability under paragraph (2), it shall be presented to the manufacturer at the customer company, and it shall not be used as a means of delaying payment of the machinery price. 3 Plaintiff paid KRW 4 million to the Defendant on July 23, 2018, and on July 24, 2018, paid KRW 80 million to the Defendant as the instant contract price by having the Corporation directly pay the Defendant a total of KRW 76 million.