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1. The Defendant shall pay 65,830,000 won to the Plaintiff and 15% per annum from July 2, 2016 to the day of complete payment.
Reasons
1. Facts of recognition;
A. The plaintiff is a person engaged in textile manufacturing business with the trade name of "C", and the defendant is a person who engages in textile wholesale business with the trade name of "D."
B. Around June 2015, the Plaintiff entered into a supply contract with the Defendant’s oral fiber, and from June 29, 2015, the same year.
7. By the end of 30.30, the textile yarn was supplied to the Defendant several times, and the unpaid amount is KRW 65,830,000 (including value-added tax).
[Recognition] Facts without dispute, Gap's evidence 1 to 5, Eul's evidence 1 (including paper numbers), Eul's witness E's testimony, the purport of the whole pleadings
2. Determination
A. According to the facts established prior to the determination of the cause of the claim, the Defendant is obligated to pay the Plaintiff the amount of KRW 65,830,000 payable to the Plaintiff and the damages for delay calculated at the rate of 15% per annum from July 2, 2016 to the day of full payment, which is the day following the day when a duplicate of the instant complaint was served on the Defendant.
B. On June 18, 2015, the summary of the argument by the Defendant is that the original unit supplied by the Plaintiff is supplied to E. A, and around June 18, 2015, the Defendant presented the original unit samples received from the Plaintiff and requested the Plaintiff to supply the original unit of the same kind and quality as the above sampling. The Plaintiff supplied the original unit of the same kind and quality as the above sampling. Accordingly, the Defendant supplied the original unit received from the Plaintiff to E, and the Defendant did not fully pay the original unit of more than KRW 100 million from E, and this is the Defendant’s damage caused by incomplete performance of the Plaintiff’s duty to supply the original unit. Accordingly, if the Plaintiff’s damage claim arising from the Plaintiff’s nonperformance was offset with the Defendant’s damages claim as seen above, there is no amount to be paid by the Defendant to the Plaintiff. However, E is also a fact that the Defendant was not paid the payment to the Defendant and the Defendant was appealed.