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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Facts of recognition;
A. The Plaintiff is a company that runs steel products wholesale business, retail business, etc., and the Defendant is a person who produces and sells housing structures under the trade name of “C”.
B. The Plaintiff entered into a steel supply contract with the Defendant and supplied the Defendant with steel products, such as tower and pipe, from April 2013 to December 2, 2015, but did not receive KRW 24,50,523 out of the price.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, 2, and 3 (including branch numbers, if any)
2. Determination
A. According to the above facts finding as to the cause of the claim, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff the unpaid amount of KRW 24,50,523 as well as damages for delay calculated at the rate of 15% per annum from August 30, 2017 to the date of full payment, which is the day following the delivery of the original copy of the instant payment order, sought by the Plaintiff.
B. The Defendant’s assertion and judgment on this issue are the practice of industry to supply steel products to customers by applying the unit price according to the International Steel Co., Ltd.
Plaintiff
In addition, the steel unit price is determined by the method corresponding to the international steel trade price and entered in the transaction list, and the defendant provided the defendant with the steel unit price stated in the transaction list, and the defendant believed that the plaintiff is the unit price in accordance with the international steel market price standard and has transacted so far.
However, the steel price supplied by the Plaintiff to the Defendant was not less than 30% of the ordinary domestic trade price at the time of supply, and the decline in the international steel market price was not fully reflected.
As above, the Plaintiff obtained unjust enrichment of a total of KRW 792,123,261 by falling under or not reflecting the price decline in international steel industry, and thus, the Defendant.