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1. The Defendant’s KRW 57,377,300 and KRW 45,923,90 among the Plaintiff’s KRW 6% per annum from July 22, 2015 to August 24, 2015.
Reasons
1. Determination on the cause of the claim
A. (1) Upon receipt of an order from the Defendant, the Plaintiff imported a saw day from June 2013 to July 21, 2015 and supplied it to the Defendant upon receipt of the Defendant’s request for delivery. However, the Defendant did not pay KRW 45,923,900 for a saw that the Plaintiff supplied to the Defendant. In addition, on June 20, 2015, the Defendant paid KRW 10,000 (to the extent of the amount claimed by the Plaintiff) to the Plaintiff.
(2) According to the above facts, the Defendant is obligated to pay to the Plaintiff the annual rate of 6% under the Commercial Act from July 22, 2015 to August 24, 2015, the delivery date of a copy of the complaint of this case, and 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment, and the Defendant is obligated to receive from the Plaintiff the goods indicated in the separate sheet of this case, and at the same time, to pay damages for delay calculated at a rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment. Meanwhile, the Defendant is obligated to receive from the Plaintiff the goods indicated in the separate sheet of this case, and at the same time, to pay 10,000 won for the goods.
B. 1) The Plaintiff is a Japan Company (hereinafter “C”).
Around July 2014, as a Korean General Sales Authority of the Exchange Trabb, concluded a joint agreement between the Defendant and the Defendant to grant the Defendant the right to sell the Gyeongnam area to the Defendant and pay 5% of the imported admission price to the products that the Plaintiff imported and supplied at the Defendant’s request, as an import agency fee.
The defendant shall set the end of May, 2015 on the date of loading to the plaintiff around January 2015 and around March 2015, respectively.