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1. The Defendant’s KRW 5,00,000 as well as the annual rate of KRW 6% from January 6, 2015 to August 19, 2015 to the Plaintiff.
Reasons
1. Basic facts
A. On December 18, 2014, the Plaintiff engaged in scrap metal sales business: (a) purchased waste content in the Defendant’s place of business; (b) paid KRW 100,000,000 in advance to the Defendant on December 19, 2014; and (c) paid KRW 100,000,000 to the Defendant for partial delivery of waste content; and (d) paid the remainder to the Defendant after receiving delivery of waste content; and (e) settled the amount calculated by deducting the waste content delivered by the Defendant as KRW 1,350 from the total amount paid to the Defendant; and
(hereinafter “instant sales contract”). B.
On December 19, 2014, the Plaintiff paid KRW 100,000,00 to the Defendant in accordance with the instant sales contract. From December 19, 2014 to January 1, 2015, the Plaintiff received delivery from the Defendant of KRW 57,680 kilograms.
C. After that, on January 6, 2015, the Defendant paid KRW 9,354,00 to the Plaintiff as the settlement amount pursuant to the instant sales contract.
[Ground of recognition] Facts without dispute, entry of evidence No. 1, purport of the whole pleadings
2. The parties' assertion
A. The Plaintiff’s alleged scrap metal collection business determined profits depending on the weight of waste goods loaded on one truck. The Plaintiff thought that the Defendant’s waste content, which is the unftened condition, with pipe, might have many weighted, and agreed to be KRW 1,350 per kilogram, but the actual weight did not considerably exceed this, and the Defendant entered into a new contract with the Defendant to change the waste content into KRW 1,000 per 1 kilogram, and thus, the Plaintiff’s payment of KRW 63,448,00 (=57,680 kilograms + 1,000) that was paid in advance to the Defendant, and damages for delay was claimed by 36,52,00 and the Defendant’s payment of damages for delay.
B. The Defendant’s assertion ① did not conclude the modified contract as alleged by the Plaintiff, so the value of the closed content (=5,654,800 won calculated as KRW 1,350 per 1 kg. and delivered to the Plaintiff shall be deducted (=57,680 kilograms 】 (1,350%).
② B employed by the Plaintiff.