물품대금
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. Comprehensively taking account of the overall purport of Gap evidence Nos. 1 and 2 as to the cause of the claim and the entire arguments, the plaintiff is obligated to pay the defendant a total of KRW 77,328,80,00 from April 2, 2018 to October 5, 2018, and the defendant paid only KRW 49,14,50 among the price of the goods. Thus, the defendant is obligated to pay to the plaintiff a total of KRW 28,184,30 (=7,328,80-49,14,500) and damages for delay calculated at the rate of 15% per annum as stipulated by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from October 23, 2018 to the date of full payment.
2. Judgment on the defendant's defense
A. The gist of the defendant's defense is 27,785,200 won for the goods that the defendant had not paid to the plaintiff. The amount of rice and grains supplied to the defendant by the plaintiff is not good and the sales and profit rate of the defendant drops, and the following damages were incurred to the defendant:
2.5% of the sales share of the goods supplied by the Plaintiff (i.e., rice and grains supplied by the Plaintiff) (i.e., 8,619,460 won in sales of the goods supplied by the Plaintiff 8,619,460 won in total / 3,471,751,360 won in total x 100 x 3,533,081 in total sales share of the goods of rice and grains, which are the same goods. The unrealized sales amount is 15,53,081 won in total (i.e., 3,471,751,751, 360 won in total x 3-8,61,360 won in total x 3-8,619,460 won in total). Therefore, the amount of unrealized sales amount by the Defendant is 3
In addition, the sales profit ratio of rice and grain products supplied by the Plaintiff to the Defendant is 13.19% (i.e., 11,689,760 won in total purchased amount by the Defendant and 88,619,460 won in total and 100 x 100), which is 21.24% in total and estimated profit ratio (=21.24%-13.19%). As such, the amount below the Defendant’s estimated profit ratio is 6,192,072 won (=76,929,700 won in total and 8.049% in total).
In addition, the plaintiff unilaterally finished the transaction with the defendant and then sold goods after the lapse of the fixed period of time.