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1. The Defendant’s KRW 53,465,00 for the Plaintiff and KRW 6% per annum from August 25, 2015 to July 7, 2016.
Reasons
1. Basic facts
A. The plaintiff is a company that aims at the production and sale of the Sejong Accounting Co., Ltd., and the defendant is a local agricultural cooperative established under the Agricultural Cooperatives Act.
B. On April 2, 2015, the Plaintiff and the Defendant concluded a contract for the supply of raw water for one year from April 15, 2015 to April 14, 2016 that the Plaintiff would supply the Defendant with a 55,000 pathology per share (hereinafter “instant contract”).
Article 2 (Basic Principles of Contracts) The plaintiff produces pathology and supplies it to the defendant, and the defendant purchases pathology of the plaintiff as contract price in principle.
Article 4 (Term of Contract) (1) This Agreement shall be from April 15, 2015 to April 14, 2016.
Article 5 (Daily Supply Quantity) (1) The weekly supply quantity shall be 55,000 water.
(2) The adjustment may be made within the number of 10,000 by mutual consultation.
Article 10 (Violation of Contract) (1) In the event that the plaintiff fails to supply pathology under the contract without any grounds recognized by the defendant, the plaintiff shall reimburse the defendant for the amount of pathology equivalent to the average of the four weeks average.
(2) Where a defendant refuses to bring in sick leave or fails to pay the price therefor without any justifiable ground recognized by the plaintiff, he/she shall reimburse the amount of sick leave equivalent to the average receipt for four weeks.
C. From April 8, 2015 to August 17, 2015 pursuant to the instant contract, the Plaintiff supplied a total of 939,600 pathology to the Defendant. On August 19, 2015, the Defendant sent to the Plaintiff a notice of suspension of transaction by sending to the effect that “the Plaintiff will suspend a new purchase of pathology and purchase an additional purchase of pathology only for the next four weeks.”
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 3, the purport of the whole pleadings
2. Summary of the plaintiff's assertion
A. The Defendant, in accordance with Article 4 of the instant contract, has a duty to purchase pathology from the Plaintiff for one year from April 15, 2015 to April 14, 2016, but is justifiable.