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1. The Defendant’s KRW 40,000,000 as well as the annual rate of KRW 5% from November 27, 2015 to June 19, 2017 to the Plaintiff.
Reasons
1. Basic facts
A. On October 4, 2015, the Plaintiff supplied approximately 60,000 grams from the Plaintiff’s team’s active high-water fishing to the Defendant’s fish plantation in the Sagle that the Defendant operated.
(hereinafter “instant transaction”). (b)
The ordinary method of trading active fish is a method of selling to a wholesaler when the plaintiff catched by the plaintiff and scambling the plaintiff's scambling from the scambling market. The trading method in this case is a method of entering the scambling and directly supplying the defendant scambling market without getting the net process.
C. After the Plaintiff supplied high light language, the Plaintiff demanded 180,000,000 won at the high light price. However, the Defendant paid storage fees and notified the Defendant of the collection of high light language, while the Defendant cannot respond to the price.
Since then, the old light supplied by the plaintiff was entirely closed from the defendant's Sagle culture.
[Ground of recognition] Facts without dispute, Gap 2, 3, 4, 10 evidence (including paper numbers; hereinafter the same shall apply), Eul evidence 3, the purport of the whole pleadings
2. The parties' assertion
A. The plaintiff, around the other hand, supplied 200-250 g rings 60,000 rings in accordance with the sales contract with the defendant, and the defendant agreed to calculate the price on the basis of the price traded in the Suhyup, and the net price per rings traded in the Suhyup is 5,500 won.
However, in the case of this case, prior to the moment when a high light is brought up, and the possibility of abolition exists, the payment of KRW 180,000 shall be calculated as KRW 3,00 per marina.
If the sales contract has not been concluded because there was no agreement between the plaintiff, the plaintiff and the defendant on the sales price, the defendant is obligated to return the classical language received from the plaintiff without returning it. Therefore, the defendant is obligated to pay 180,000,000 won as compensation for the non-performance.