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1. The Defendant’s KRW 1,026,673 as well as 6% per annum from September 27, 2019 to August 14, 2020 to the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff and the Defendant are companies with the aim of producing and selling gas inspection machines, etc.
B. On March 31, 2017, the Defendant ordered the Plaintiff to manufacture and supply related parts other than “Glas Chromatogra 3 LOT” in KRW 33,300,00 (including value-added tax; hereinafter the same shall apply). On September 7, 2017, the Plaintiff delivered the said machinery, etc. to the Defendant.
(hereinafter referred to as “the primary contract”). (c)
On February 13, 2018, the Defendant ordered the Plaintiff for the manufacture and supply of two products in total at KRW 46,856,359, each of “2 Yars Shee” and “cerriber from the Origin.” On June 22, 2018, the Plaintiff delivered the said product to the Defendant.
The second contract is called ‘the second contract'
(ii) [Ground of recognition] unsatisfy, Gap evidence 1 to 6 (if available, each number shall be included; hereinafter the same shall apply);
each entry, the purport of the whole pleading
2. The parties' assertion and judgment
A. 1) The Plaintiff claims against the Defendant for the payment of KRW 46,856,359 of the amount of goods under the second contract and damages for delay thereof. 2) The Defendant asserts that, the Plaintiff delayed the payment period under the first contract and the amount of KRW 33,30,000 has arisen as compensation for delay, and the remaining amount of goods have been deducted from the amount of goods under the second contract was paid on September 26, 2019.
B. Determination 1: (a) if the purport of the entire pleadings is added to the statements in Gap evidence 7 through 10 and Eul evidence 1 through 7, the payment period for goods under the first contract shall not exceed 14 weeks after the order is given, and the compensation for delay shall not exceed 0.3% of the daily contract amount and 10% of the maximum contract amount; (b) on January 16, 2018, the defendant notified the plaintiff that the amount of the compensation for delay should be imposed due to the delay in the payment period of the first contract; and (c) on the amount of the compensation for delay from the beginning of July 2018 to the plaintiff through e-mail between the plaintiff and the defendant; and