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1. The Plaintiff:
A. Defendant C Co., Ltd. shall pay KRW 641,551,202 and its therefrom from November 25, 2016 to September 4, 2018.
Reasons
1. Basic facts
A. The Plaintiff is a person engaged in the manufacturing and selling business, such as packing containers and containers, and Defendant B (hereinafter “Defendant B”) is a company established for the purpose of comprehensive distribution business, such as convenience stores, and Defendant C (hereinafter “Defendant C”) is a company established for the purpose of manufacturing and selling ice.
B. Upon Defendant C’s request, the Plaintiff supplied plastic cups and lids to contain ices (hereinafter “the instant goods”) to Defendant C, and the price for the goods for which the instant goods was supplied to Defendant C, and the Defendant C continued to sell them to the consumers at convenience stores, etc. by sealing ices in such plastic cups and closing lids.
Defendant B settled the price of ice World Cup supplied by Defendant C on a 10-day basis, and paid it on the 10th day of each month (from the 21st day of the preceding month to the last day), 20 days (from the 1st day of the current month to the 10th day), and the last day (from the 11th day of the current month to the 20th day).
C. However, Defendant C, starting with delay in the payment of the price of the instant goods, and around the end of July 2016, generated an outstanding amount exceeding KRW 400 million. The Plaintiff expressed his intention that the instant goods may not be continuously supplied, unless the outstanding amount is paid to Defendant C.
On August 6, 2016, the Plaintiff and the Defendants agreed to the following (hereinafter “instant agreement”) in order to continue to supply the instant goods to Defendant C.
Of the ice World Cups supplied by Defendant C to Defendant B, KRW 170,000,000 shall be remitted to the Plaintiff on August 10, 2016.
Defendant B, on August 20, 2016, shall pay the price according to the trading list for the products supplied by the Plaintiff to Defendant C at the passbook opened by the Plaintiff on the 10th day (the 10th day, 20th day, and 30th day of each month) from August 20, 2016.