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1. The Defendant’s KRW 10,181,868 as well as the Plaintiff’s annual rate of 5% from April 20, 2016 to March 28, 2017, and the following.
Reasons
1. Basic facts
A. On November 7, 2015, the Plaintiff entered into a contract with the Defendant to purchase the building stones, such as fossil and boundary stone (hereinafter “the instant building stones”) with KRW 61,909,980 (the price of the building stones is KRW 55,925,980, and the remainder of KRW 5,984,00,00, which appears to be written in the quotation among the supply contract for the materials provided for in subparagraph 1).
B. After that, on November 13, 2015, the Plaintiff received the instant stone from the Defendant, and found that the supplied stone was not suitable for the Plaintiff’s use.
On November 17, 2015, the Plaintiff decided to purchase another stone from the Defendant, and paid the price according to the existing purchase contract in a normal manner, and requested the Defendant to sell the instant stone in a different place and request the Defendant to change the price. The Defendant accepted the request.
C. On December 1, 2015, the Defendant, who was entrusted with the above sale of the instant stone, entered into a contract to sell the instant stone at KRW 10 million with the Dongdong Trade Co., Ltd. (hereinafter “Dongdong Trade”) on December 1, 2015, and around that time, delivered the said stone to Dongdong Trade.
However, the defendant did not notify the plaintiff of the above contract and delivery of stone, but notified the plaintiff of the above fact on January 2016.
Afterward, the Defendant intended to pay the Plaintiff the resale price of KRW 10 million for the instant stone. However, the Plaintiff refused to receive the instant stone at the excessively low price, etc. on the ground that the said stone was sold at the end of January, 2016, and deposited the said amount on or around the end of January. 201, and thereafter, the Plaintiff received the said deposit amount of KRW 10 million.
E. Meanwhile, the Defendant decided to keep the instant stone until the sale thereof, and the Plaintiff paid in advance the Defendant the storage fees for the period from December 1, 2015 to February 28, 2016, with regard to the storage of the instant stone.