beta
Text
1. The Defendant: (a) KRW 248,288,700 for the Plaintiff and KRW 5% per annum from May 8, 2015 to July 15, 2016; and (b).
Reasons
1. Basic facts
A. The Plaintiff is a company whose purpose is to carry on the manufacture, sale, etc. of electrical and electronic parts, such as ESD lighting, and electronic control systems, and the Defendant is a person who conducts business, such as lighting, manufacturing of building materials, wholesale retail, etc., under the trade name of C (formerly changed D; hereinafter “C”).
B. From January 22, 2009 to October 23, 2013, the Plaintiff supplied the Defendant with ED lighting and other electronic parts. As of October 28, 2013, the amount of the Defendant’s unpaid goods is KRW 258,288,700.
C. On December 17, 2014, the Plaintiff sent a content-certified mail demanding the Defendant to pay the unpaid amount of KRW 258,288,700 to the Defendant up to 11:00 on December 26, 2014 (hereinafter “instant content-certified document”). However, the instant content-certified document was returned to the Plaintiff without reaching the Defendant.
[Ground for Recognition: Facts without dispute, Gap evidence 1, 2, Eul evidence 6, the purport of whole pleadings]
2. Determination:
A. According to the facts found in the above basic facts in light of the judgment on the cause of the claim, the defendant is obligated to pay the plaintiff the unpaid price of 258,288,700 won and damages for delay.
B. As to the Defendant’s assertion, etc., the Defendant asserts that the amount equivalent to the price of the materials that were issued as to the claim for mutual aid (A) should be deducted from the amount of the unpaid goods payment liability, 31,980,500 won equivalent to the price of the materials, such as the two materials and the equipment and the equipment and appliances, delivered by the Defendant around September 2014 (hereinafter “instant materials”).
If the purport of Gap evidence No. 1, Eul evidence No. 1, Eul evidence No. 1, and testimony of witness E is added to the whole purport of the pleadings, the plaintiff's pro-friendly G, the representative director of the plaintiff, prepared and delivered to the plaintiff on September 22, 2014 a receipt of "F," "F," which is the plaintiff's receipt, to the plaintiff on September 22, 2014,