beta
Text
1. The Defendant shall pay to the Plaintiff KRW 36,984,276 and the interest rate of KRW 15% per annum from January 31, 2018 to the day of complete payment.
Reasons
1. Basic facts
A. The Plaintiff is a company that manufactures and sells taps and pipes for waterworks, and the Defendant sells bathing rooms, kitchen supplies, etc.
B. From April 24, 2013 to June 9, 2017, the Plaintiff sold the pipe goods for waterworks and waterworks to the Defendant. The Defendant did not pay KRW 36,984,276 out of the price of the goods.
[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 4, purport of whole pleadings
2. According to the above facts finding as to the cause of the claim, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff the unpaid amount of KRW 36,984,276 and damages for delay calculated at the rate of 15% per annum from January 31, 2018 to the day of full payment, which is the day following the day of service of the copy of the application for modification of the claim and the cause of the claim in this case.
3. Judgment on the defendant's assertion
A. The plaintiff and the defendant agreed to return an amount equivalent to KRW 12,586,510 from among the goods supplied by the defendant and deduct the amount of the above amount from the amount of the unpaid goods upon the termination of the transaction relationship. Thus, the above amount of the above amount should be deducted. Preliminaryly, upon the termination of the transaction between the plaintiff and the defendant, the defendant does not intend to deliver the plaintiff's goods any longer from the defendant's transaction partner. Thus, if the plaintiff is not returned the goods equivalent to the above KRW 12,586,510 from the defendant's transaction, the defendant must not sell the goods and keep the goods without selling them. Thus, the plaintiff must compensate the defendant for damages equivalent to the above amount of the compensation for the unpaid goods. Thus, the above amount of compensation for damages should be deducted from the amount of the unpaid goods.
B. In addition to goods which were already returned between the Defendant and the Plaintiff on the sole basis of the descriptions of the evidence Nos. 1, 2, 3, 3, 4, and 5-1, 2, and 6, written evidence Nos. 1, 2, and 6.