물품대금
The defendant shall pay to the plaintiff 172,658,306 won with 12% per annum from April 7, 2020 to the day of complete payment.
1. On May 31, 2018, the Plaintiff entered into a lease agreement with the Defendant operating a manufacturing business, such as light-printed circuit board, etc., and the Plaintiff entered into with the Defendant to lease part of the Plaintiff’s factory, and supplied goods, etc. with the Defendant (hereinafter “instant commodity supply agreement”). On February 2020, the balance of the price of goods, etc. remains KRW 172,658,306.
【Ground of recognition】 The entry of evidence Nos. 1-1 through 14, Gap’s 2, 3, and 4, and the purport of the whole pleadings
2. According to the above facts finding as to the cause of claim, the defendant is obligated to pay to the plaintiff 172,658,306 won in balance, such as the price of goods under the contract for supply of the goods of this case, and damages for delay calculated at the rate of 12% per annum from April 7, 2020 to the date of full payment, which is clear that the copy of the complaint of this case was served on the defendant.
In regard to this, the Defendant included the unpaid rent of KRW 14,850,000 in the claim amount of this case. Since the Plaintiff arbitrarily used the amount equivalent to KRW 17,00,000 among the Defendant’s materials, it is argued that there is no difference in offsetting the Plaintiff’s rent claim with the Defendant’s material cost claim against the Plaintiff. However, since there is no evidence to acknowledge the fact that the Plaintiff arbitrarily used the Defendant’s materials, the above assertion by the Defendant is without merit.
3. It is so decided as per Disposition by the assent of all participating Justices, on the ground that the plaintiff's claim of this case is reasonable.