beta
Text
1. The Defendant shall pay to the Plaintiff KRW 241,288,304 and the interest rate of KRW 15% per annum from April 14, 2016 to the date of full payment.
Reasons
1. Facts of recognition;
A. The status C (the representative of the Plaintiff’s representative director D) is a company that engages in wholesale and retail business of lighting fixtures with the trade name “A” from September 16, 2011, and the Plaintiff is a company that aims at manufacturing and selling lighting fixtures and components, and the Defendant is a company that aims at ELD equipment and ELD lamps manufacturing business.
B. On June 17, 2014, C entered into a contract with the Defendant to supply a consortium, which is a lighting fixture component, and from June 24, 2014 to December 31, 2014, C supplied the Defendant with the goods equivalent to KRW 822,583,329 (including value-added tax). The Defendant returned the amount of KRW 37,951,650 out of the goods supplied by C on the ground of defect, and paid KRW 417,477,00 to C, and offset C’s claim for the amount of KRW 123,147,453 against the Defendant against the Defendant, against the Defendant’s claim for the price of goods, or against the Defendant’s claim for the price of goods against the Defendant’s E (the mother of Plaintiff D’s representative director)’s representative director). Around February 28, 2015, C transferred C’s right and obligation to the Plaintiff.
C. On January 2, 2015, the Plaintiff entered into a contract with the Defendant for the supply of a consortium, which is a lighting instrument component. From around that time to September 17, 2015, the Plaintiff supplied the Defendant with goods equivalent to KRW 1,046,654,598 (including value-added tax).
The Defendant returned the amount of KRW 42,195,835 from among the goods supplied by the Plaintiff on the grounds of defects. The Defendant repaid the amount of KRW 516,737,360 to the Plaintiff. The Defendant’s claim for the amount of KRW 278,927,02 against the Plaintiff was offset against the Defendant’s claim for the amount of goods sold to the Plaintiff or the Defendant’s claim for the amount of goods sold to E.
The Plaintiff’s partial assignment of the Plaintiff’s goods-price claim amounting to KRW 82,292,775 among the goods-price claim against the Defendant.