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1. Defendant B’s KRW 3,749,362 as well as 6% per annum from July 24, 2013 to February 16, 2015 to the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff is a corporation that runs the plastic surface processing business, etc., and Defendant B is a person who runs the wholesale and retail business of electrical appliances under the name of Defendant A, who is a wife.
B. Around August 2012, the Plaintiff entered into a contract with Defendant B to continuously supply films for the protection of plastic products made of materials owned by the Plaintiff (hereinafter “protection films”) according to the order of Defendant B (hereinafter “instant supply contract”).
C. Around that time, Defendant B entered into a contract with the Plaintiff for re-supply of the protected films supplied by the Plaintiff to the KSA (hereinafter “instant subsequent sale”) pursuant to the instant supply contract (hereinafter “instant supply contract”), and the Plaintiff came to know that the place of supply of the protected films pursuant to the instant supply contract was designated as a factory owned by the KSA cooperation company.
According to the instant supply contract, the Plaintiff supplied the protective films equivalent to KRW 464,689,50 in total to the place of delivery designated by Defendant B from August 2012 to May 24, 2013 pursuant to the instant supply contract.
E. However, Defendant B paid only KRW 395,152,600 out of the supply price to the Plaintiff, and did not pay KRW 69,536,90 (=464,689,500 - KRW 395,152,600).
F. On the other hand, the Kico Ltd. attached the protective film delivered by the Plaintiff to the product subject to protection, and sold the product to Nico Ltd. and Eicoex Co., Ltd. (hereinafter each stock company’s indication is omitted).
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 and 2 (including provisional number; hereinafter the same shall apply), the purport of the whole pleadings
2. The Plaintiff’s claim against Defendant A is obligated to pay the Plaintiff the unpaid amount of KRW 69,536,90, and delay damages therefrom, according to the instant supply contract.