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1. The Defendant’s KRW 206,008,00 for the Plaintiff and 6% per annum from January 3, 2019 to February 26, 2019.
Reasons
1. Basic facts
A. The Plaintiff is a personal entrepreneur who manufactures and sells cosmetics containers in the trade name of “C” and the Defendant is a company that manufactures and sells cosmetics.
B. On November 2018, the Plaintiff and the Defendant concluded a contract (hereinafter “instant supply contract”) with the Defendant setting up 76,000 plastic containers (including 1,00 microtype containers) per unit price of 1,880 won per unit price (excluding value-added tax) and D microtype container (hereinafter “the instant sourtype container”) of 37,000 won per unit price per unit (hereinafter “the instant sourtype container”).
C. From November 2018 to January 2, 2019, the Plaintiff supplied each of the above non-permanent containers to E Co., Ltd. (hereinafter “E”) designated by the Defendant (a company engaged in filling contents in a non-plastic container supplied by the Plaintiff; hereinafter “E”).
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 and 2 (including branch numbers), the purport of the whole pleadings
2. Determination
A. According to the above facts finding as to the cause of the claim, barring special circumstances, the defendant is obligated to pay to the plaintiff 206,00,000 won (=142,880,000 won x 1,8800 won x 1,8800 won x 1,8800 won) x 1.1, and delay damages thereon, pursuant to the supply contract of this case, pursuant to the supply contract of this case, the defendant is obligated to pay to the plaintiff 206,00 won (37,000 won x 1,200 won).
B. The Defendant’s assertion 1) asserts that since the Plaintiff supplied only 33,840 out of 37,00 Oral container 37,00 Oral container of this case, the amount of KRW 4,171,200 for the 3,160 items not supplied should be deducted. The following circumstances, which are acknowledged by the aforementioned evidence, are, namely, the ex-factory date, the container of this case on November 26, 201 on the transaction list in which the ex-factory date was November 26, 2018.