물품대금
1. As to KRW 95,508,710 and KRW 35,100,560 among the Plaintiff, the Defendant shall pay to the Plaintiff KRW 38,70,450 from December 16, 2016.
1. The fact that the Plaintiff entered into an “C” sales contract with the Defendant on February 11, 2015 without dispute and accordingly, supplied the goods to the Defendant from March 2015 to January 2018 is not a dispute between the parties.
2. On January 2016, the key issue and the Plaintiff asserted that there was an agreement between the Plaintiff and the Defendant on the increase of the unit price and sought payment of the unpaid amount of goods calculated on the basis thereof. On the other hand, the Defendant asserted that the Plaintiff unilaterally increased the unit price of goods and calculated the price of goods based on the original agreement, and that the excessive payment exceeds the Plaintiff’s claim amount.
According to the statements in Gap 4 through 11, it can be acknowledged that there was an agreement between the parties on the increase of the unit price as alleged by the plaintiff. Thus, the defendant is obligated to pay 95,508,710 won for the unpaid goods calculated on the basis of the unit price raised to the plaintiff, and damages for delay under the Commercial Act or the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (no dispute over the total amount, repayment period, etc.) after the respective repayment period for some of them
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.